Scheduling Order Form. This is a North Carolina form and can be use in Mecklenburg (District 26) Local County.
Tags: Scheduling Order, CCF-23a, North Carolina Local County, Mecklenburg (District 26)
STATE OF NORTH CAROLINA FILE NO. «Case_Number» In The General Court of Justice Superior Court Division Mecklenburg County «Plantiff_1_Name» «Plantiff_2_Name» SCHEDULING ORDER VERSUS «Defendant_1_Name» «Defendant_2_Name» Pursuant to N. C. Gen. Stat. ∋ 1A-1, Rules 16 and 26, the Court enters the following Scheduling Order to govern discovery and trial of this case. This Order is entered under the Chamber’s jurisdiction of the Court and without notice or hearing, as neither is necessary. It may be amended after notice and hearing or with a Consent Order. Litigants shall know and follow the local rules of the 26th Judicial District, which are available for viewing at www.nccourts.org or www.meckbar.org. 1. This case shall be set for trial on «NJ_Date» (the “trial date”). 2. The plaintiff(s) shall identify all expert witnesses who may be called to testify at trial 180 days before the trial date. The identification shall conform with the requirements of G. S. § 1A-1, Rule 26 (b) (4). Thereafter, the plaintiff(s) shall make any expert witnesses identified under this paragraph available for deposition at mutually convenient times and places. The defendant(s) shall pay the costs of taking such depositions, including a reasonable fee to the expert witness for the deposition. 3. The defendant(s) shall identify all expert witnesses who may be called to testify at trial 150 days before the trial date. The identification shall conform with the requirements of G. S. § 1A-1, Rule 26 (b) (4). Thereafter, the defendant(s) shall make these witnesses available for deposition at mutually convenient times and places. The plaintiff(s) shall pay the costs of all such depositions, including a reasonable fee to the expert witness for the deposition. 4. Plaintiff shall identify any rebuttal expert witness, or disclose additional rebuttal opinions, 15 days after defendant's identification of expert witness(es). Defendant shall identify any rebuttal expert witness, or disclose additional rebuttal opinions, 15 days after such disclosure by plaintiff. 5. All written discovery requests shall be served no later than 120 days before the trial date. Requests for Admissions shall be served no later than 60 days before trial. 6. A mediation shall be conducted unless the parties have moved the court to order a form of alternative dispute resolution other than mediation. Mediation must be completed no later than 90 days before the trial date. The actual ADR deadline will be assigned at the time the Order for ADR (CCF-14) is issued. The parties may by consent conduct more than one mediation session before that date. 7. The parties shall identify all material witnesses who are expected to testify at a trial no later than 90 days before the trial date. Any witness not identified by that date will be subject to exclusion from trial by the presiding judge. 8. All discovery and depositions, except Requests for Admissions, shall be complete no later than 60 days before the trial date. 9. All dispositive motions shall be filed no later than 60 days before the trial date and heard no later than 30 days before trial.. 10. Trial exhibits and witness lists shall be exchanged no later than seven days before the trial date. Other requirements of Rule 7 of the General Rules of Practice need not be met, although the parties may agree upon a Pretrial Order. 11. Failure to comply with the deadlines set forth in this Scheduling Order will result in the exclusion of evidence or witnesses not timely disclosed, absent a showing of excusable neglect for the noncompliance. The parties may, by consent, extend or alter any of the deadlines set forth in this Scheduling Order except the mediation deadline, the filing and hearing of dispositive motions and the trial date. Prior to the pertinent deadline, the parties may for good cause move for relief from any deadline in this Scheduling Order. The pendency of discovery ordinarily shall not be an adequate cause for a continuance of the trial. 12. Any party may request a peremptory trial setting. Such requests should be made within thirty (30) days of the date of this Order to the Trial Court Administrator's Office. Later requests may be based on changed circumstances or new information. Date: FORM CCF-23A Robert P. Johnston Senior Resident Superior Court Judge American LegalNet, Inc. www.FormsWorkflow.com