The 10th Family Court rules state all ED cases are completed within 365 days. My exe’s attorney states our case will run two and half months passed the one-year limit . The reasons stated are the court is tied up and she is tied up till mid December. I checked and found the court is not tied up but only till he end of August. Is there anywhere in the law where I can hold her to the 365 day limit? How can I prevent her from using delaying tactics.
It is the goal of the court to reach all matters based on the timelines proscribed by the local rules but these timelines are guidelines, not strict requirements. When an equitable distribution case begins in Wake County, the court holds a scheduling conference where all the dates are picked including pre-trial conferences and a trial date. After that scheduling order is in place, the dates can only be changed by an order issued by the judge. This usually only occurs at a pre-trial conference when it is determined that the parties need additional time for some reason. If you are in attendance at the pre-trial conference, you should voice your opinion about the trial date. Also, trial dates aren’t only picked based on when the judge’s calendar is open, but also by when it looks like the parties actually have a chance to be reached.z