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Final Equitable Distribution Pretrial Order Form. This is a North Carolina form and can be use in Mecklenburg (District 26) Local County.
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Tags: Final Equitable Distribution Pretrial Order, CCF-38, North Carolina Local County, Mecklenburg (District 26)
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
-against-
Index No.
Calendar No.
IN THE GENERAL COURT OF JUSTICE
:
JUDICIAL DIVISION
Plaintiff(s)
DISTRICT COURT SUBPOENA
___-CVD-_____
:
_______________________,
Plaintiff,
:
)
:
)
vs.
) Defendant(s) FINAL EQUITABLE DISTRIBUTION
:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .) . . . . . . . . . . . . . . . . . . .
.
PRETRIAL ORDER
_______________________,
Defendant.
)
THE PEOPLE OF THE STATE OF NEW YORK
THIS MATTER coming on to be heard for a final pretrial conference before the
undersigned Presiding Judge upon pleadings seeking a determination of marital property and an
TO
equitable distribution of such property and debts as shall be determined to be marital;
AND IT APPEARING that the parties have reached agreement on certain facts and on
certain issues
GREETINGS: and have delineated the areas of agreement and disagreement;
AND IT APPEARING that by their signatures affixed hereto, each party stipulates
WE COMMAND and issues represented as agreed upon and stipulates that the of you attend before
agreement with the facts YOU, that all business and excuses being laid aside, you and each facts and
,
the Honorable
at the
Court
issues represented as being in dispute are accurately reflected and that there are no other issues to
located at
County of
be determined by the Court;
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the and avows
AND IT APPEARING that each party by signing
Pretrial Order warrants
having disclosed the existence of all property, both separate and marital, to which he or she may
have claim at the date of valuation of marital property, regardless of to whom such property may
be titled or in whom actual ownership subpoena is punishable as adisclosureof court and will make you liable to
Your failure to comply with this may be designated. Said contempt has been full and
honest andwhose behalf taintsubpoena was issued for a maximum penalty of $50 and all damages sustained as a
the party on is free from this of fraud;
result of your failure to comply.ORDERED, ADJUDGED AND DECREED and stipulated as
IT IS, THEREFORE,
follows:
1.
Court in
Witness, Honorable
, one of the Justices of the
The Court has jurisdiction over the parties and subject matter of this action.
County,
day of
, 20
2.
AN EQUAL DIVISION IS AN EQUITABLE DIVISION. (THIS STATEMENT
SHOULD BE ELIMINATED IF NOT AGREED UPON.)
3.
Schedule A is a list of marital property upon which there is agreement as to value and
distribution.
4.
Schedule B is a list of marital property upon which there is agreement as to
Attorney(s) for
distribution and disagreement as to value.
5.
Schedule C is a list of marital property upon which there is agreement as to value and
disagreement as to distribution.
6.
Schedule D is a list of marital property upon which there is disagreement as to
distribution and disagreement as to value.
7.
Schedule E is a list of items about which there Telephone No.: as to whether the item
is disagreement
Facsimile No.:
is marital property.
(Attorney must sign above and type name below)
Office and P.O. Address
E-Mail Address:
Mobile Tel. No.:
CCF-38
1
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COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
8.
Schedule F is a list of plaintiff's contentions for an unequal division in his/her favor.
:
JUDICIAL SUBPOENA
Plaintiff(s)
(Use only if plaintiff in this action seeks an unequal division.)
9.
-against:
Schedule G is a list of defendant's contentions for an unequal division in his/her favor.
(Use only if defendant in this action seeks an unequal division.)
:
10. Schedule H is a list of marital debts of the parties showing the present amounts due
:
and any amounts paid by the parties since their separation.
11. Schedule I is a list of Divisible Property, the stipulations and agreements of the parties
Defendant(s)
:
. . . . . . . . . . . with .respect. thereto,. and. a .listing . . .each. party’s .contentions regarding same.
. . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . .
12. Plaintiff and defendant have added any additional schedules needed to state any other
issues to be decided by the Court. They are labeled Schedules ____, ____, etc.
THE PEOPLE OF THE STATE OF NEW YORK
13. The Presiding Judge shall rule on the following:
(a)
(b)
(c)
(d)
GREETINGS:(e)
What is the value of the items on Schedule B?
Which party shall be the owner of the items on Schedule C?
What is the value of and which party shall be the owner of the items on Schedule D?
Are the items on Schedule E marital property and if so, what are their values?
If the parties do not agree that equal is equitable, the Judge shall rule on an equitable
distribution of marital assets and debts.
WE COMMAND YOU, that all business and excuses beingand the Supplemental Schedules attend before
(f) The judge shall rule on issues raised in Schedule I laid aside, you and each of you
,
the Honorable
at the
Court
attached hereto.
located at
County of
for of
in room14. This ,matter is set day trial during the20
on the
, week ,of ____________________.
at
o'clock in the
noon, and at any recessed
or adjourned date, estimated length of trial timeais ______________. on the part of the
to testify and give evidence as witness in this action
15. The
TO
16. The following documents, reports and other exhibits may be admitted without
authentication:
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.
17. No later than 24 hours before trial, counsel for the parties shall label, number of the
Witness, Honorable
, one of the Justices and list
all trial exhibits, and shallof
Court in
County,
day exchange exhibit lists, copies of exhibits and witness lists. A
, 20
copy of each list shall be provided to the Judge when the case is called for trial.
18. The parties shall update their equitable distribution affidavits as they acquire additional
pertinent information.
(Attorney must sign above and type name below)
This the ____ day of ___________________, 20___.
Attorney(s) for
JUDGE PRESIDING
CONSENTED TO:
__________________
Plaintiff's Attorney
Office and P.O. Address
_________________
Dfendant
CCF-38
__________________
Paintiff
__________________
Defendant's Attorney
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
-against-
)
)
)
Plaintiff(s)
Calendar No.
:
JUDICIAL SUBPOENA
VERIFICATION
:
___________________________, being first duly sworn, deposes and says that he is the
:
________________ in the foregoing action, that he has read the foregoing FINAL EQUITABLE
DISTRIBUTION PRETRIAL ORDER and knows the contents: thereof to be true of his own personal
knowledge except for those matters and things alleged therein upon information and belief, and as to those
Defendant(s)
matters and things, he believes same to be true.
:
......................................................
________________________________________
Sworn to and OF THE STATE me
THE PEOPLE subscribed before OF NEW YORK
this ____ day of __________, 20 .
TO
-or_________________________________
___________________________
NOTARY PUBLIC
Assistant/Deputy Clerk
of Court
GREETINGS:
My commission expires:___________
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 OF NORTH CAROLINA of )
, on the
day
, 20
, at
o'clock in the
noon, and at any recessed
STATE
or adjourned date, to testify and give evidence as a witness in this action on the part of the
)
VERIFICATION
COUNTY OF MECKLENBURG
)
___________________________, being first duly sworn, deposes and says that she is the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
________________ in the foregoing action, that she has read the foregoing FINAL EQUITABLE
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
DISTRIBUTION PRETRIAL
result of your failure to comply. ORDER and knows the contents thereof to be true of her own personal
knowledge except for those matters and things alleged therein upon information and belief, and as to those
matters and things, she believes same to be true.
Witness, Honorable
, one of the Justices of the
Court in
County,
day of
, 20
________________________________________
Sworn to and subscribed before me
this ____ day of __________, 20 .
(Attorney must sign above and type name below)
-or- Attorney(s) for
___________________________
Assistant/Deputy Clerk
of Court
_________________________________
NOTARY PUBLIC
My commission expires:___________
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
CCF-38
3
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
Equitable Distribution Pretrial Order
:
JUDICIAL SUBPOENA
Plaintiff(s)
SCHEDULE A: Marital Property: Agree on:Value and Distribution
-againstItem of Marital
Property (Number
each Item)
Net
Value
Possession
P or D
:
To be
Plaintiff's
:
To be
Defendant's
Defendant(s)
:
......................................................
THE PEOPLE OF THE STATE OF NEW YORK
TO
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 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.
Court in
Witness, Honorable
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
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
CCF-38
4
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
Equitable Distribution Pretrial Order
:
JUDICIAL SUBPOENA
Plaintiff(s)
SCHEDULE B: Marital Property: Agree on Distribution; Disagree on
-against:
Value
:
Item of Marital
Property (Number
each Item)
P's Net
Value
To be
P's or:
Defendant(s) D's :
D's Net
Value
Possession of P
or D
Judge Only
Net Value
......................................................
THE PEOPLE OF THE STATE OF NEW YORK
TO
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 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.
Court in
Witness, Honorable
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
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
CCF-38
5
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
Equitable Distribution Pretrial Order
:
JUDICIAL SUBPOENA
Plaintiff(s)
SCHEDULE C: Marital Property: Agree on Value; Disagree on
-against:
Item of Marital
Property (Number
each Item)
:
Net
Value
Possession P
or D
P
:
Wants
Judge Only
D
Wants
Defendant(s)
:
......................................................
To be To be
P's D's
THE PEOPLE OF THE STATE OF NEW YORK
TO
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 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.
Court in
Witness, Honorable
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
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
CCF-38
6
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
Equitable Distribution Pretrial Order
:
JUDICIAL SUBPOENA
Plaintiff(s)
SCHEDULE D: Marital Property: Disagree on Distribution
-against:
Disagree on Value
:
Possession :
Net
Net
Item of Marital
P or D
Value
Property (Number Value
Defendant(s)
:
each. Item) . . . . . . . per .P . . . . per .D. . . . . . . . . . . . . . . . .
.......... .....
... .
... .
Judge Only
Wants
P or D
Net To be
Value P's/D's
THE PEOPLE OF THE STATE OF NEW YORK
TO
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 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.
Court in
Witness, Honorable
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
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
CCF-38
7
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
Equitable Distribution Pretrial Order
:
JUDICIAL SUBPOENA
Plaintiff(s)
SCHEDULE E: Disagree on Whether Item is Marital Property
-against:
:
Item of Marital
Value
Value
Short :Statement of
Property (Number
per P
per D
Defendant(s)
: Issue
. . . . . . . . each. Item) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.... .....
Judge (Only
If Marital Prop.)
To be To be
P's D's
THE PEOPLE OF THE STATE OF NEW YORK
TO
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 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.
Court in
Witness, Honorable
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
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
CCF-38
8
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
Equitable Distribution Pretrial Order
:
JUDICIAL SUBPOENA
Plaintiff(s)
SCHEDULE F: Plaintiff's Contentions Why Equal is Not Equitable.
-against:
:
:
Defendant(s)
:
......................................................
THE PEOPLE OF THE STATE OF NEW YORK
TO
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 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.
Court in
Witness, Honorable
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
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
CCF-38
9
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
Equitable Distribution Pretrial Order
:
JUDICIAL SUBPOENA
Plaintiff(s)
SCHEDULE G: Defendant's Contentions Why Equal is Not Equitable.
-against:
:
:
Defendant(s)
:
......................................................
THE PEOPLE OF THE STATE OF NEW YORK
TO
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 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.
Court in
Witness, Honorable
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
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
CCF-38
10
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
Equitable Distribution Pretrial Order
:
JUDICIAL SUBPOENA
Plaintiff(s)
-against- SCHEDULE H: Marital Debts
:
CREDITOR
Date of Sep
Value
Paid by
Plaintiff
:
Paid by
Defendant
Present
Balance
COMMENTS
:
Defendant(s)
:
......................................................
THE PEOPLE OF THE STATE OF NEW YORK
TO
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 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.
Court in
Witness, Honorable
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
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
CCF-38
11
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
Equitable Distribution Pretrial Order
:
JUDICIAL SUBPOENA
Plaintiff(s)
SCHEDULE I: Divisible Property and Each Party’s :Contentions Regarding Same.
-againstItems of Divisible Property
(Number each Item)
Value at
Date of Sep.
:
Value at
Date of Trial
:
Short Statement of
Contentions as to how Item
should be treated.
Defendant(s)
:
......................................................
THE PEOPLE OF THE STATE OF NEW YORK
TO
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 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.
Court in
Witness, Honorable
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
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
CCF-38
12
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
Equitable Distribution Pretrial Order
:
JUDICIAL SUBPOENA
Plaintiff(s)
SCHEDULE J: Post Separation Changes in Values and
-against:
How Defendant Contends These Changes Should Be Treated.
:
Items of Marital Property
(Number each Item)
Value at
Value :
at
Date of Sep.
Date of Trial
Defendant(s)
:
......................................................
Short Statement of
Contentions as to how Value
Change should be treated.
THE PEOPLE OF THE STATE OF NEW YORK
TO
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 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.
Court in
Witness, Honorable
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
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
CCF-38
13
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