Order Form. This is a North Carolina form and can be use in Johnston (District 11B) Local County.
Tags: Order, Form F, North Carolina Local County, Johnston (District 11B)
STATE OF NORTH CAROLINA Harnett County File Number In The General Court Of Justice District Court Division Name of Plaintiff(s) ORDER VERSUS Name of Defendant(s) Imposing Sanctions Dismissing Motion for Sanctions THIS MATTER comes on to be heard before the undersigned upon an Order to Appear and determine whether sanctions should be entered against the Plaintiff Defendant; that the party named above was duly served with notice of this proceeding on , 20 and was was not present for this hearing; that the party appeared as ordered pro se with counsel of record; from the record and evidence presented, the Court FINDS THE FOLLOWING FACTS: 1. A hearing was scheduled in this matter on a. b. c. for the following purpose: Initial Pretrial Scheduling and Discovery Conference Final Pretrial Conference Other: Plaintiff Defendant failed to comply with 2. That the hearing had to be continued because the Rule by: 3. That the a. Plaintiff Defendant: presented a reason that justified the party's failure to comply with the ED rule(s) set out above. b. c. d. failed to appear for this hearing. failed to present any evidence that would justify a failure to comply with the rule(s). failed to present credible evidence to justify a failure to comply with the rule identified above. Other describe other findings use attachment if necessary: e. 4. As a consequence of such failure: a. The Plaintiff Defendant has been unable to obtain information about the following items of property or debt (attach additional sheet if necessary): ED Form F (rev. 10/2014) District 11 Equitable Distribution Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com b. That attorney for the Plaintiff Defendant has performed the following additional client services as a result of Plaintiff's Defendant's failure to comply with the rules (attach additional sheet if necessary): The Plaintiff Defendant has incurred reasonable attorney fees of $ by reason of services described in Paragraph 4b above. This is based upon Plaintiff's Defendant's attorney performing hours of work at a rate of $ per hour that resulted from the failure alleged. Other (attach additional sheet(s) if necessary): c. d. THE UNDERSIGNED COURT CONCLUDES: 1. That the court has jurisdiction of the party named above and the subject matter of this proceeding. 2. 3. That That Plaintiff Plaintiff Defendant did not fail to comply with an ED Rule. Defendant failed to comply with ED Rule , Equitable Distribution Rules for the Eleventh Judicial District. 4. 5. 6. That the failure by the party named above was justified. That the failure by the party named above was without justification. That the sanctions hereinafter imposed are adequate and appropriate to redress the failure to comply as identified above; that the financial sanctions for attorney's fees and other charges are reasonably related to the work required or charges incurred as a result of the failure by the Plaintiff 7. Defendant. Other (attach additional sheet, if necessary): Plaintiff Defendant: IT IS, THEREFORE, ORDERED that the 1. SHALL NOT BE SANCTIONED by the Court for an ED rule violation as alleged and the sanctions proceeding is DISMISSED. 2. Shall pay attorney fees to the opposing party in the amount of $ . . 3. Shall pay other costs of expenses to the opposing party in the mount of $ 4. Will not be permitted to present oral testimony about the items of property or debt identified above. 5. Will not be permitted to present the inventory affidavit or any other affidavit relating to property or debt identified above. 6. Shall not be permitted to proceed with the party's claim for equitable distribution and the same is hereby DISMISSED 7. Other: WITH PREJUDICE WITHOUT PREJUDICE. ED Form F (rev. 10/2014) District 11 Equitable Distribution Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Date: _____________________________ _____________________________________________ District Court Judge Presiding CERTIFICATE OF SERVICE I hereby certify that a copy of this Order been served on the parties/counsel in the following manner: By depositing a copy in the US Mail in a properly addressed, postage paid envelope to: By hand delivery to: By facsimile to: Other: Date: ________________________ _____________________________________________ CSC Asst. CSC Deputy CSC ED Form F (rev. 10/2014) District 11 Equitable Distribution Page 3 of 3 American LegalNet, Inc. www.FormsWorkFlow.com