Initial Pretrial Order (Equitable Distribution) {WAKE-DOM-18}

NORTH CAROLINA COUNTY OF WAKE IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO. _______________________ Assigned Judge: _______________________ ___________________________________, Plaintiff, v. ___________________________________, Defendant. INITIAL PRETRIAL ORDER (EQUITABLE DISTRIBUTION) This cause coming to be heard before the undersigned District Court Judge on _______________ pursuant to N.C. Gen. Stat. 50-21(d) and Tenth Judicial District Family Court Rules for Domestic Court Rule 11.13 for Initial Pretrial Conference regarding equitable distribution, and it appearing to the Court that: _____________________________ appeared for counsel for the Plaintiff, Plaintiff was present pro se, Plaintiff was not present but received proper notice of this hearing, _____________________________ appeared for counsel for the Defendant, Defendant was present pro se, Defendant was not present but received proper notice of this hearing, and it further appearing to the Court that: 1. The Plaintiff served his/her EDIA on ________________ and the Defendant served his/her EDIA on ___________________. The Plaintiff shall serve his/her EDIA no later than __________________ , and the Defendant shall serve his/her EDIA no later than ________________ . The Plaintiff served his/her Initial Disclosures pursuant to Tenth Judicial District Family Court Rules for Domestic Court Rule 11.6 upon the Defendant on ________________ and the Defendant served his/her Initial Disclosures upon the Plaintiff on __________________ . The Plaintiff shall serve his/her Initial Disclosures upon the Defendant no later than ________________ and the Defendant shall serve his/her Initial Disclosures upon the Plaintiff no later than __________________ . 2. 3. The date of separation and date of valuation for purposes of equitable distribution is __________________. 4. The the parties had a Scheduling and Discovery Conference on ________________ and a scheduling order was entered on ____________________. 5. That the parties attended a mediated settlement conference on ______________ , which ended in impasse. That the parties are scheduled to attend a mediated settlement conference on _________________ . Other: _______________________________ . 6. There are are not any pending motions for appointment of expert witnesses. If there is a motion for appointment of expert witness, the court appoints ________________________ as an expert witness in this matter for the purpose of _______________________________________________________________________ . The expenses and fees for the expert witness shall be paid by the parties as follows: _________________ % by the Plaintiff, ________________% by the Defendant. WAKE-DOM-18 Page 1 of 3 (02/10) American LegalNet, Inc. www.FormsWorkFlow.com 7. All discovery in this case is completed. _______________________. All discovery shall be completed on or before 8. There are are not other pending motions regarding discovery, determination of the date of separation, or other issues which need to be resolved prior to trial. If there are such motions, the Court rules as follows: __________________________________________________ ________________________________________________________________________ . 9. That the deadlines for completion of discovery and other dates required to be set under the Tenth Judicial District Family Court Rules for Domestic Court were set in the Scheduling and Discovery Order. Those deadlines and dates shall remain as stated in the Scheduling and Discovery Order except as follows: Item/Action S&D date/deadline New date/deadline 10. The Final Pretrial Conference is set for ________________________ at ______________ a.m. / p.m. in Courtroom __________ for __________________ (length of time). The Final Pretrial Order shall be completed and served on both parties no later than __________________. The Equitable Distribution Trial is set for ___________________________ at ____________ a.m./p.m. in Courtroom _________ for _______________ (length of time). Other issues which need to be resolved prior to Final Pretrial Conference Equitable Distribution Trial: ___________________________________________________________ __________________________________________________________________________ _________________________________________________________________________. 11. 12. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. That both parties shall comply with the dates and deadlines as set forth above. 2. That the expert witness as noted above is hereby appointed and the parties shall pay the expert witness' fee and expenses as noted above pursuant to the payment scheduled as required by the expert witness (including any retainers to be paid in advance of the expert's initiation of work on this matter). Other: ____________________________________________________________________. 3. All previous orders in this matter remain in full force and effect except as herein amended. 4. This the _____ day of __________________________ , 20_______. ___________________________________________ DISTRICT COURT JUDGE WAKE-DOM-18 Page 2 of 3 (02/10) American LegalNet, Inc. www.FormsWorkFlow.com CERTIFICATE OF SERVICE I hereby certify that a copy of this Initial Pretrial Order has been served on all of the parties/counsel and the assigned Family Court Case Coordinator in the following manner: By depositing a copy in the US Mail in a properly addressed, postpaid envelope to: ____________ _________________________________________________________________________________ _________________________________________________________________________________ By hand delivery to: _____________________________________________________________ _________________________________________________________________________________ By facsimile to: _________________________________ Fax No.: _______________________ Other: ________________________________________________________________________ _________________________________________________________________________________ Date: _____________ ________________________________________________________ Plaintiff Defendant Attorney for Plaintiff Attorney for Defendant District Court Judge Family Court Case Coordinator WAKE-DOM-18 Page 3 of 3 (02/10) American LegalNet, Inc. www.FormsWorkFlow.com