Pre-Trial Order for Proposed Scheme of Equitable Distribution

Asked about 3 years ago - Richmond, VA

In the pre-trial order for my divorce, it states that a proposed scheme of equitable distribution must be served upon opposing counsel and the clerk of court 7 days prior to trial. Is email an acceptable way to send a proposed scheme of equitable distribution to opposing counsel if it was also mailed on the 7th day prior?

Also, will a proposed scheme of equitable distribution be considered if it was recorded with the court 6 days prior? Previous motions for an equitable distribution scheme (without the formal scheme) were filed with the court at last 2 weeks before the deadline. If the appropriate documentation was not filed 7 days prior, but 6 days prior, will the judge accept a verbal proposed scheme of equitable distribution?

Attorney answers (1)

  1. Charles R. Hofheimer

    Contributor Level 10

    Answered . If the order says served on counsel served upon OC and CC 7 days prior then presumably it should be written and delivered 7 days prior. If the email was sent and received 7 days prior then you can argue no surprise to opposing counsel since the document was also mailed and hope the Judge does not penalize you.
    If you filed 6 days prior in writing and the Judge accepts then no real reason for verbal proposed scheme which is generally unacceptable for obvious reasons. Much of this depends on which juristiction you are in, which Judge you have and whether the Judge believes your reasons for not meeting you deadlines. Saying you didn't know doesn't usually get you very far with most judges.

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