ALA FL-004 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, ALAMEDA COUNTY STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER: CASE NUMBER: ORDER APPOINTING ACCOUNTING EXPERT By Stipulation After Hearing This proceeding was heard on (date): by Judge (name): Petitioner present Respondent present Other present on the Order to Show Cause or motion filed on (date): at (time): in Dept.: Temporary Judge Attorney present (name): Attorney present (name): Attorney present (name): by (name): By stipulation of the parties attached hereto (no appearance). Good cause appearing, THE COURT ORDERS: 1. Appointment of expert (Name): (Address): (E-mail): (Telephone): (Fax): is appointed as the court's expert under Evidence Code section 730. The expert must be impartial and must function at the request of the court and pursuant to this court order. The expert is deemed qualified to perform the following tasks and must do so, provided that the parties comply with the provisions set forth below regarding compensation and documents and information and subject to the provision regarding withdrawal. 2. Expert's tasks a. (1) (2) b. c. Provide an analysis of cash flow available for support for Petitioner Respondent as Perform an analysis of the community property interest in the business known as (specify): of the most practical date nearest (specify): Prepare a valuation of the community interest in stock options or other forms of money interests, such as bonds, notes, mutual funds, and retirement and pension plans, in (specify): d. Calculate the income tax consequences of (specify): Page 1 of 4 Form Approved for Optional Use Superior Court of California, County of Alameda ALA FL-004 [New January 1, 2008] ORDER APPOINTING ACCOUNTING EXPERT Evidence Code, § 730 American LegalNet, Inc. www.FormsWorkflow.com ALA FL-004 PETITIONER/PLANTIFF: RESPONDENT/DEFENDANT: CASE NUMBER: e. Calculate the community and separate property interest in real property located at (address): f. Prepare a written tracing of (specify): g. Prepare an analysis of petitioner's respondent's separate property claims relating to (specify): h. Prepare an analysis of petitioner's respondent's reimbursement claims for (specify): i. j. k. Calculate child spousal support arrearages including interest due. Assist with settlement. Other: 3. Compensation a. A retainer of $ must be paid within 15 days of the date of this order and will be applied to the final invoice. Any unused portion of the retainer will be refunded by expert at the conclusion of expert's services. (1) Petitioner to pay $ Respondent to pay $ (2) within (specify number of days): within (specify number of days): within (days): within (days): Petitioner to pay the following percent of the expert's retainer (specify %): Respondent to pay the following percent of the expert's retainer (specify %): (3) Other (specify compensation terms): b. Court retains jurisdiction to order a different allocation of payment of the retainer, as between parties. c. The billed amount must be paid on a timely basis as follows: (1) (2) (3) The petitioner to pay (specify %): The respondent to pay (specify %): Other: d. The court retains jurisdiction to order a different allocation of payment of billed amounts between parties. e. The expert may request that the parties execute a fee schedule or engagement agreement before accepting the assignment contained in this order. 4. Documents and Information a. The parties must provide all records requested by the expert, within 20 days of receipt of a written request. b. Each party must provide responses to questions propounded by the expert within 10 days. c. If requested by the expert, the parties must provide written authorization directing third parties to provide documents, records, or other information. 5. Communication a. The expert may contact any party or attorney on an ex parte basis. In the event that an attorney for any party, or any party, communicates with the expert in writing, a copy of the communication must be provided to the other party at the same time. b. The attorneys must notify the expert of all court dates. The expert may communicate by telephone with either party regarding the scheduling of meetings or hearings and the status of the expert's work. Page 2 of 4 ALA FL-004 [New January 1, 2008] ORDER APPOINTING ACCOUNTING EXPERT American LegalNet, Inc. www.FormsWorkflow.com ALA FL-004 PETITIONER/PLANTIFF: RESPONDENT/DEFENDANT: CASE NUMBER: 6. Disputes a. The expert may initiate contact with the court to obtain the court's assistance in resolving disputes related to the completion of the expert's assignment, including, but not limited to, the production of documents, the scope of the assignment, scheduling of court appearances, the payment of the expert's fees, access and entrance to property or any issue related to a violation of this order. b. Prior to initiating such contact with the court, the expert must give written notice to each party at least two business days prior to contacting the court of the nature of the dispute and the expert's intention to notify the court. c. Contact by the expert with the court will be by letter, by telephone conference call, by declaration, or by motion filed by the expert as the court orders. d. Any written communication sent to the court must be provided to the other party at the same time. 7. Reporting a. The expert may provide a status report to the court at any time. The status report must be provided to both parties at the same time as it is provided to the court. b. The parties must meet with the expert when the report is completed. c. Instead of meeting with the parties when the report is completed, the expert may distribute a draft report to the parties. d. The parties must submit any objections to the findings and conclusions, any additional factual information they believe the expert should consider, or note any errors they believe the expert has made within ten days unless the expert agrees to provide additional time, which may not exceed 30 days. e. The expert's final report must be sent to the court and copies provided to the parties, provided that the parties have complied with the provisions of this order, including the compensation and documents and information provisio