Scheduling And Discovery Order {WAKE-DOM-09}

NORTH CAROLINA COUNTY OF WAKE IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO. ____________________________ Assigned Judge:_______________________ ___________________________________, Plaintiff, v. ___________________________________, Defendant. SCHEDULING AND DISCOVERY ORDER (EQUITABLE DISTRIBUTION) This matter coming to be heard for a Scheduling and Discovery Conference on _____________ (date of conference) concerning the pending claim or claims for Equitable Distribution, the Court finds as follows: FINDINGS OF FACT 1. That the Plaintiff appeared through ____________________________________. 2. That the Defendant appeared through __________________________________. 3. That this is an action for Equitable Distribution filed on ________________ by the Plaintiff Defendant, hereinafter referred to as the moving party. 4. That the parties stipulate to the following essential facts: (a) The Court has jurisdiction over both the parties and the subject matter in this case; (b) The parties were married on ___________________ and (c) The parties were separated on ___________________ or The date of separation is disputed. 5. That the moving party has has not served his/her Equitable Distribution Inventory Affidavit upon the opposing party. 6. That the responding party has has not served his/her Equitable Distribution Inventory Affidavit upon the opposing party. 7. This action requires the parties to engage in an alternative dispute resolution procedure. The parties have agreed that they will participate in a Family Financial Mediation Settlement Conference or Other: _________________________________________. 8. If the parties are to participate in a Family Financial Mediation Settlement Conference, the parties have agreed upon a Neutral who will conduct the Conference or the parties have not agreed upon a Neutral and the Court will need to appoint one. If a family financial mediator is agreed upon, the following is applicable: ________________________________ Name of mediator _________________________________ _________________________________ Address WAKE-DOM-09 Page 1 of 3 (rev. 09/13) American LegalNet, Inc. www.FormsWorkFlow.com _____________________________ Telephone number ____________________________________________________________________ Mediator's rate of compensation The above named family financial mediator is certified pursuant to the applicable Rules of the North Carolina Supreme Court. 9. This action requires the appointment of an appraiser. The following property requires an appraisal which has not yet been completed: _______________________________ (property address). 10. The parties can cannot agree upon experts to conduct the appraisals. If the parties cannot agree on an appraiser, they submit the following three names: Plaintiff: (1) _________________ (2) _________________ (3) _________________ Defendant: (1) _________________ (2) _________________ (3) _________________ 11. The discovery issues which need to be resolved are ______________________________ (issues). 12. The Plaintiff Defendant requests an expedited disposition. Based upon the foregoing Findings of Fact, the Court makes the following: CONCLUSIONS OF LAW 1. That the Court has jurisdiction over both the parties and the subject matter in this case. 2. That the Court concludes as a matter of law that the interests of justice and the expeditious handling of this matter require the entry of this Order. 3. This Order is appropriate under the circumstances of this case. 4. Both parties are capable of complying with the terms of this Order. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: 1. The parties are ordered by the Court to attend _______________________ (form of ADR ordered). The deadline for completion of this process is _______________ (date within 210 days of filing). The Neutral will be _____________________ (name of Neutral). Plaintiff will be responsible for ___________% and Defendant will be responsible for ____________% of the Neutral's fee to be paid at the conclusion of the conference. 2. The moving party is hereby ordered to serve upon opposing party an Equitable Distribution Inventory Affidavit on or before __________________ (deadline date). The responding party is hereby ordered to serve upon opposing party an Equitable Distribution Inventory Affidavit on or before __________________ (deadline date). 3. The appraisals of property will be completed on or before ________________ (deadline date). _______________ (name of appraiser) will conduct any and all appraisals. WAKE-DOM-09 Page 2 of 3 (rev. 09/13) American LegalNet, Inc. www.FormsWorkFlow.com 4. Discovery shall be mailed to the opposing party on or before ______________ (deadline date). Disclosure of expert witnesses shall also be completed by this date. 5. The Initial Pretrial Conference shall be set on ______________ (approximately 30 days before Final Pretrial Conference) for _________ hours in Courtroom ______. At this Initial Pretrial Conference, the moving party shall serve on the responding party a proposed Initial Pretrial Order and file it with the Court. 6. The Final Pretrial Conference shall be set on ______________ (within 240 days of filing) for _________ hours in Courtroom ______. At this Final Pretrial Conference, the moving party shall serve on the responding party a proposed Final Pretrial Order and file it with the Court. 7. Trial shall be set on ______________ (within 270 days from filing) for _________ hours in Courtroom ______. This the _____ day of __________________________, 20_______. _____________________________________ DISTRICT COURT JUDGE CERTIFICATE OF SERVICE I hereby certify that a copy of this Scheduling and Discovery Order has been served on the opposing party/counsel 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: _____________ _______