North Carolina Wake County In The General Court Of Justice Superior Court Division ___ CVS _______ ___________________________ Plaintiff vs Agreement for Expedited Trial Procedure ____________________________ Defendant The undersigned attorney for the plaintiff and attorney for the defendant hereby stipulate, agree and consent to have this case placed on a fast track for disposition under an expedited trial procedure pursuant to Section 17 of the Local Civil Rules for Superior Court with the following conditions: (1) Mandatory Pre-Discovery Disclosure: Parties shall provide each other with the following within 60 days from the filing of a responsive pleading (after issue is joined), with a continuing duty to supplement to the extent required by Rule 26. (a) (b) The legal theory upon which each claim or defense is based. (c) The identity, address and telephone number of all persons who may have knowledge of the basis of the claims and the nature of that information. (d) (2) The factual basis of each claim or defense. The furnishing of all non-privileged documents relevant to the claims that are possessed or controlled by a party or obtainable by reasonable inquiry6 and investigation, including copies of all liability insurance policies showing limits of coverage for the claims asserted, copies of records of medical treatment, diagnoses and expenses from any injury claimed in the pleadings, list of expert witnesses and a summary of their expected testimony providing the information required under Rule 26. In lieu of furnishing copies of medical records, a party may furnish the adverse party with a signed release authorizing the attorneys for said adverse party to obtain copies of the claimant’s complete medical records from any health care provider treating the injury that is the subject of the claim. The release should also cover health care providers who treated the claimant for any similar condition during the fie years preceding the date of the injury claimed. Any records obtained are to be made available to the claimant’s attorney for inspection and copying. Mandatory Mediation: (a) Within 30 days from the filing of this agreement with the Trial Court Administrator’s Office, the case shall automatically be submitted to mediation pursuant to the Local Rules for Superior Court Mediated Settlement Conferences. American LegalNet, Inc. www.USCourtForms.com (3) rules. Mandatory Discovery Limitations: Parties shall abide by the following discovery (a) Only parties, treating physicians and experts can be deposed for discovery purposes. (b) Interrogatories are limited to 25, including sub-parts. (c) Document requests are limited to 10. (d) Requests for admissions are limited to 25. (e) Depositions are limited to 4 hours each, unless stipulated to the contrary or by court order. (f) A case management conference among the attorneys is required within 30 days from the filing of a responsive pleading (after issue is joined), with a consent order containing discovery plans submitted to a Superior Court Judge for approval and filing. Within 90 days from the filing of a responsive pleading (after issue is joined), all discovery must be completed. (g) Before a discovery motion such as a motion to compel or any other motion which is non-dispositive of any issue in the case may be filed, the attorneys shall attempt to resolve their differences and, if not, they shall submit said motion to the Mediator in an effort to resolve it by non-binding mediation conducted generally in accordance with the statutes and rules applicable to mediated settlement conferences in Superior Court; provided, however, that only counsel for parties involved in the motion shall be required to attend and participate in the mediation of a discovery motion. The parties involved in the mediation of a discovery dispute shall compensate the Mediator at his or her hourly rate, in equal shares, for time devoted to resolving the dispute, with a minimum fee of one hour for reviewing any documents and/or participating in a conference. The moving party shall be responsible for furnishing any materials to the Mediator for review and scheduling the conference with the Mediator. Any motion within the scope of this Rule shall contain the certification of counsel for the moving party that the requirements of this Rule have been met. (h) If requested by an interrogatory, a party must disclose the identify of lay witnesses, as well as the nature and a summary of their expected testimony. (4) Peremptory or Priority Trial Setting: All civil cases following these procedures will be given a peremptory or priority trial setting that will occur around 180 days form the filing of a responsive pleading (after issue is joined). (5) Additional Provisions: The following additional terms and conditions have been agreed upon by counsel for the parties subject to court approval: American LegalNet, Inc. www.USCourtForms.com This the _______ day of ______________________ , ______ . _____________________________________ Attorney for Plaintiff _____________________________________ Attorney for Defendant Approved: _____________________________________ Senior Resident Superior Court Judge or his designee American LegalNet, Inc. www.USCourtForms.com