COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : STATE OF NORTH CAROLINA : County Name Of Plaintiff(s) File No. Index No. In The General Court Of Justice Calendar No. District Plaintiff(s) -againstVERSUS Name Of Defendant(s) : Superior Court Division JUDICIAL SUBPOENA MOTION AND ORDER : FOR SHOW CAUSE HEARING G.S. 7A-38.1, :7A-38.4A Rules Implementing Superior Court Mediated Settlement Conferences and District Court Family Financial Settlement Procedures. MOTION : Defendant(s) The undersigned mediator moves the Court to order the parties named below to appear before the Court to show cause why he/she/they : . . .be. held .in. contempt for .failure .to pay . . . . . . . . fees.as. ordered. by. the.Court in its Order dated . . . . . . . . . . . . . . . . . . . . . mediator's . . . . . . . . . . . . should not for Superior Court Mediated Settlement Conference. District Court Family Financial Settlement Conference. The undersigned mediator is THE THE PEOPLE OF 1. court-appointed. STATE OF NEW YORK party selected. a. Amount due for mediation services (MSC Rules 7A & 7B / FFS Rules 7A & 7B) ........................................... $ TO Total time spent in mediation: hours minutes @ $ per hour. b. Amount due for administrative fee (MSC / FFS Rule 7.B) ............................................................................... $ c. Amount due for postponement fee (MSC / FFS Rule 7.E) .............................................................................. $ GREETINGS: d. Amount due for out-of-pocket expenses or other agreed upon fees (please specify below): $ WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 0.00 Total amount due Mediator ......................................................................................................................................... $ the Honorable at the Court 2. The parties named below have failed to timely pay the above fees: located at County of in room , on day of , 20 , at o'clock in the TOTAL AMOUNT at any BY PARTY noon, and OWED recessed NAME OF PARTY OWING FEES the ADDRESS OF PARTY or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Name and Address of Mediator SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME Date Court in Witness, Honorable County, Signature Of Person Authorized To Administer Oaths , one of the Justices of the day of , 20 Telephone Date My Commission Expires Signature Of Mediator Notary Date (Attorney must sign above and type name below) County Where Notarized SEAL ORDER ALLOWING SHOW CAUSE HEARING Attorney(s) for The above motion for a Show Cause Hearing is denied. is allowed. The Court finds probable cause to believe that the mediator's fees have not been paid. The parties named above are Ordered to appear in person at the date, time and place shown below to show cause why they should not be held in civil contempt for their failure to pay mediator's fees as ordered by the Court. If the Court finds a party in civil contempt, he or she may be committed to jail for as long as such civil contempt continues. A party may be entitled to have counsel represent him or P.O.at the hearing. You may hire your Office and her Address own counsel. If you are found to be indigent, the Court will appoint counsel for you, unless you waive the right to counsel. Date of Hearing Time of Hearing Location of Hearing AM Date PM Name of Judge (Type or Print) AOC-CV-815, Rev. 12/06 © 2006 Administrative Office of the Courts Original-File (Over) TelephoneofNo.: Signature Judge Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.FormsWorkflow.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. RETURN OF SERVICE : I certify that this Motion and Order was received and served as follows: Date Served : Index No. Calendar No. Name Of Contemnor Plaintiff(s) : JUDICIAL SUBPOENA By personally delivering to the contemnor named above a copy of this Motion and Order. -against- : By leaving a copy of this Motion and Order at the dwelling house or usual place of abode of the contemnor named above with a person of suitable age and discretion residing therein. : Name Of Person With Whom Copy Left : Address Where Copy Delivered Or Left Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Signature Of. Person Who Served Motion And Order ...... ... Date Accepted Other manner of service (specify): THE PEOPLE OF THE STATE OF NEW YORK TO Contemnor WAS NOT served for the following reason: GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or Signature this action Making part Date Received adjourned date, to testify Returngive evidence as a witness inOf Deputy Sheriffon theReturn of the Date Of and Service Fee Name Of Sheriff (Type Or Print) Paid $ Due Your failure to comply with this subpoena isCounty Of Sheriff as a contempt of court and will make you liable to punishable the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address AOC-CV-815 Side Two, Rev. 12/06 © 2006 Administrative Office of the Courts Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.FormsWorkflow.com