Rule 9 - EQUITABLE DISTRIBUTION9.1.Equitable Distribution. The time limits for disposition of equitable distribution claims are set forth in Rule 1.7 above. 9.2.Equitable Distribution Inventory Affidavits (EDIA). Within ninety (90) days after filing a claim for equitable distribution, the party who first asserts the claim shall prepare and serve upon the opposing party or counsel an EDIA (Form #6, See attached Appendix of Forms) listing all items claimed by the party to be marital property and marital debt, divisible property and divisible debt, separate property, the estimated date-of-separation and current fair market net value of each item of marital, divisible, and separate property, as well as the date-of separation and current amount of marital, divisible, and separate debt. The party shall also serve on the opposing party or counsel any and all documents supporting a contention about classification, value, or debt shown in the EDI A. Within thirty (30) days after service of the initial EDIA, the Responding Party shall prepare and serve their EDIA upon the opposing party or counsel containing the same information and with supporting documentation (Form #6, See attached Appendix of Forms). If capable of doing so, each party shall provide and serve their respective EDIAs to the opposing party in an electronic data fonn that permits copying and editing by a computer.
The EDIA prepared and served pursuant to this Rule shall be subject to amendment and shall not be binding at trial as to classification, value, or distribution. A Certificate of Service evidencing the service of the EDIA shall be filed with the Clerk of Court. The EDIA shall not be filed with the Clerk.
The time limits for service of EDIAs may be extended by agreement of the parties or by Order of the Court for good cause shown.
9.3.Appointment of Mediator/Family Financial Mediation for Equitable Distribution. Within forty-five (45) days after the filing of the initial claim for equitable distribution, the parties and/or attorneys for the parties shall confer and designate a family financial mediator. The Designation of Mediator shall be submitted to FCO (Form #13, See attached Appendix of Forms). If the parties/counsel cannot agree on a mediator they shall communicate this fact to FCO, and the Court shall appoint a certified mediator. No scheduling conference shall be required for the sole purpose of the designation of a mediator. Nothing herein shall prevent the earlier designation of a certified mediator by consent of the parties/counsel. Family financial mediation shall be completed within two hundred ten (210) days of the filing of the initial equitable distribution claim. 9.4.Interim Equitable Distribution. It is the responsibility of the party seeking an Interim Equitable Distribution hearing to obtain a date for the hearing from Family Court and to serve the opposing party or counsel with a Notice of Hearing for the Interim Distribution Hearing (Form #2, See attached Appendix of Forms). Requests for an interim equitable distribution require and shall include notice and designation in the request or motion of the specific property sought to be distributed pursuant to N.C. General Statute § 50-20(il). FCO will schedule an Interim Distribution Hearing before the assigned Judge as soon as possible, with a goal for the hearing to be conducted within thirty (30) days of the date of the request for a hearing.9.5.Ex Parte and Emergency Filings. See Rule 2 above regarding ex parte submissions, including temporary restraining orders regarding equitable distribution. 9.6.Initial Pretrial Conference. Within one hundred twenty (120) days after the filing of the initial pleading or motion for equitable distribution, the assigned Judge shall conduct an Initial Pretrial Conference to address the issues set forth in the Scheduling and Discovery Order (Form #8, See attached Appendix of Forms) and N.C. General Statute § 50-21(d). The party who first asserted a claim for equitable distribution shall be responsible, in consultation with the FCO, for the calendaring and noticing of the Initial Pretrial Conference immediately following the service of the responding party's EDIA. If that party fails to make a timely application for the conference, then the other party shall do so. Attendance at the Initial Pretrial Conference is mandatory for all attorneys of record and pro se litigants unless excused by the Court. At the Initial Pretrial Conference, the Court shall determine the matters as set forth on Form #8 (See attached Appendix of Forms), as well as any other preliminary issues that may be raised by the parties or counsel. The Court shall schedule a proposed date for trial of the equitable distribution and any additional pretrial conferences as may be deemed necessary.9.7.Final Pretrial Conference. Unless the Court orders otherwise, a Final Pretrial Conference with the assigned Judge shall be held not less than sixty (60) days before the scheduled trial of the equitable distribution claims, and no later than two hundred forty (240) days after the initial equitable distribution claim was filed. The Court may enter Orders for subsequent Pretrial Conferences as deemed necessary or appropriate so long as within the time limit for conclusion of the claim is within the time prescribed in Rule 1.7 or as ordered by the Court. Attendance at Final Pretrial Conferences is mandatory for all attorneys of record and all parties. The purpose of the Final Pretrial Conference shall be to discuss and narrow the issues for the trial or disposition of the equitable distribution case and to assess the status of the Pretrial Order. The final pretrial conference shall be conducted pursuant to the Rules of Civil Procedure and the General Rules of Practice. The court shall rule upon any matters reasonably necessary for a fair and timely disposition of the case.9.8.Pretrial Order. The party who first asserted a claim for equitable distribution shall be responsible for preparing the proposed Pretrial Order (Form #10, See attached Appendix of Forms). Service of the proposed Pretrial Order on the opposing party shall be completed not less than twenty-one (21) days before the date set for the equitable distribution trial. The proposed Order shall be served in an editable electronic format for the use of the opposing party/counsel. Within ten (10) days after service of the proposed Pretrial Order, the responding party shall serve on the proposing party any comments, objections, amendments, additions, or other information as necessary or required for the completion of the Pretrial Order. The Final Pretrial Order (Form #10, See attached Appendix of Fonns) shall be tendered to the Court not less than ten (10) days before the date set for the equitable distribution trial, or at such date as may otherwise be established by the express consent and agreement among counsel and the Court.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 9
Adopted January 4, 2023, effective 2/1/2023.