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Pre-Trial Order for Proposed Scheme of Equitable Distribution

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?

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Attorney answers 1

Posted

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.

Asker

Posted

The opposing counsel gave me the Equitable Distrubution scheme 7 days prior through email, and I did not actually receive it until 5 days prior, since I could not open the attachment. What are acceptable reasons for being late in filing the proposed equitable scheme. If he does not accept it, what is the prognosis with no proposed scheme for equitable distribution? Can't I ask for this in the opening statement?

Charles R. Hofheimer

Charles R. Hofheimer

Posted

The ultimate sanction is not to let evidence on the issue at the trial but probably, the court will say that since the information was received prior to the trial and there is no predjudice, then harmless error by counsel. If their really is unforseeable predjudice then ask for a continuance. Good luck .

Asker

Posted

Thanks. I am representing myself and the opposing counsel has just about objected to everything I do, and the judge usually sides with her. There were numerous deadlines as stated in the Pre-Trial order, and due to my own error, I missed one deadline, and the most important one of proposed scheme of equitable distribution, because that is my desired outcome. Can I state this scheme in an opening statement?

Asker

Posted

It's Chesterfield County, Judge Harold Burgess, Jr.

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