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Fill and Sign the Plaintiffs Memorandum of Points and Authorities in Justice Form

Fill and Sign the Plaintiffs Memorandum of Points and Authorities in Justice Form

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STATE OF NORTH CAROLINA CountyFile No. Name Of Plaintiff Name Of Defendant Telephone No. Telephone No. Deadline For Completion Of Settlement Procedure Fax No. (If Applicable) Fax No. (If Applicable) Plaintiff’s Attorney’s Email Address (Or Pro Se Plaintiff’s Email Address) Defendant’s Attorney’s Email Address (Or Pro Se Defendant’s Email Address) Tentative Trial Date Name And Address Of Plaintiff’s Attorney (Or Pro Se Plaintiff) Name And Address Of Defendant’s Attorney (Or Pro Se Defendant) In The General Court Of Justice District Court Division DESIGNATION OF MEDIATOR IN FAMILY FINANCIAL CASE NOTICE: Check and complete only one of the three Sections below, sign on the reverse, �le with the Court, and distribute copies as noted below. G.S. 7A-38.4A; Rule 2 of the Rules Implementing Settlement Procedures in Equitable Distribution and Other Family Financial Cases. SECTION 1 - NOTICE OF DESIGNATION OF CERTIFIED MEDIATOR BY AGREEMENT The parties have selected the mediator named below who has agreed to serve in this case and is certi�ed pursuant to the Rules Implementing Settlement Procedures in Equitable Distribution and Other Family Financial Cases. The parties and the mediator have agreed upon the mediator’s rate of compensation as follows: (Specify all terms of the compensation agreement.) NOTE: As an aid to mediator selection, the NC Dispute Resolution Commission maintains a list of certified family financial mediators at www.ncdrc.org. Click on “Finding a Mediator” from the left-hand menu then click on “Family Financial Settlement Mediators (District Court).” You may search for mediators by name or by judicial district. Once a mediator’s name appears on your screen, click on it for a complete contact and availability listing. SECTION 2 - NOMINATION OF NON-CERTIFIED MEDIATOR The parties nominate the non-certi�ed mediator named below to conduct the mediated settlement conference. The mediator named below has agreed to serve. Original-File Copy-Plaintiff Copy-Defendant Copy-Mediator Copy-Judge or Designee (Over) VERSUS Telephone No. Fax No. Name And Address Of Certi�ed Mediator Mediator’s Email Address Telephone No. Fax No. Name And Address Of Non-Certi�ed Mediator Mediator’s Email Address The parties petition the Court to approve the nomination and represent that the mediator is qualified to mediate this case by virtue of the following training, experience or other qualifications: AOC-CV-825, Rev. 7/14 © 2014 Administrative Of�ce of the Courts CERTIFICATE OF SERVICE The parties and the mediator have agreed upon the mediator’s rate of compensation as follows: (Specify all terms of the compensation agreement.) SECTION 3 - MOTION FOR COURT APPOINTMENT OF MEDIATOR After a full and frank discussion, the parties have been unable to agree upon the selection of a mediator. Pursuant to Rule 2.B of the Rules of Implementing Settlement Procedures in Family Financial Cases, the parties move the Court to appoint a certi�ed mediator to conduct the mediated settlement conference. [This section is optional, to be used at the discretion of the judge; however, mediated settlement shall not delay other proceedings, including trial (Rule 3.E).] Parties are notified of the following tentative calendaring schedule adopted by the Court. Final calendar notices will be provided through a published calendar, should settlement not be reached. The undersigned hereby certifies that on this date a copy of the foregoing Designation of Mediator in the matter before the district court was served on the above-selected mediator and the parties at the addresses below by placing a copy of the same in the United States Mail, postage prepaid. (Please provide names and addresses for the mediator and parties served in the spaces below. Attach additional sheets if necessary.) NOTE TO MEDIATOR: The mediator shall be responsible for reserving a place and making arrangements for the conference and giving timely notice to all attorneys and unrepresented parties of the time and location of the conference. The mediated settlement conference shall be completed by the completion deadline set forth on Side One, and the mediator shall report the results of the conference to the court within ten (10) days after the conference is completed or within ten (10) days of being advised by a party that the case settled or was otherwise disposed of prior to the mediation. 1. The nomination of the non-certi�ed mediator named in Section 2 above is approved and the mediator is authorized to conduct the mediated settlement conference. disapproved. (NOTE: Upon disapproval, the parties may select another mediator and report the selection to the court on a Designation of Mediator form. ) 2. The parties having reported their failure to agree upon the designation of a mediator, or the parties having failed to notify the court of their designation or nomination of a mediator, the court appoints the following certi�ed mediator to conduct the mediated settlement conference. SIGNATURE Name Of Plaintiff’s Attorney (Or Pro Se Plaintiff) Name Of Judge (Type Or Print) Signature Of Plaintiff’s Attorney (Or Pro Se Plaintiff)Signature Of Judge DateDate Tentative Date For Hearing Of Motions Date Name Of Defendant’s Attorney (Or Pro Se Defendant) Signature Of Defendant’s Attorney (Or Pro Se Defendant) ORDER OF APPOINTMENT TENTATIVE CALENDARING NOTICE Telephone No. Fax No. Name And Address Of Certi�ed Mediator Mediator’s Email Address Mediator Party Or Attorney Party Or Attorney Party Or Attorney Party Or Attorney Party Or Attorney Party Or Attorney Party Or Attorney Name Of Party (Type Or Print) Signature Of Party Or Party’s Attorney Date AOC-CV-825, Side Two, Rev. 7/14 © 2014 Administrative Of�ce of the Courts

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