State Court Stipulation and Proposed Order (General Civil)

STIPULATION AND [PROPOSED] ORDER

Alabama State Court — General Civil Matters

IMPORTANT INSTRUCTIONS

This template is designed for use when all parties to an Alabama civil action have reached an agreement on one or more issues and wish to memorialize that agreement as a stipulation submitted to the court with a proposed order for judicial adoption. Under Alabama practice, stipulations are commonly used for scheduling modifications, discovery protocols, case management adjustments, settlement terms, and voluntary dismissals.

Before Filing:

☐ Confirm all parties consent to the stipulated terms in writing

☐ Verify the assigned judge's standing orders for format and submission requirements

☐ Ensure AlaFile e-filing registration is current for all counsel of record

☐ Confirm compliance with Ala. R. Civ. P. 7(b)(1) (stating grounds with particularity)

☐ Attach any referenced exhibits or prior orders

☐ If modifying a scheduling order, confirm compliance with Ala. R. Civ. P. 16(b)

☐ Include an editable Word version of the proposed order if required by the judge

SECTION 1: CASE CAPTION

IN THE [____] COURT OF [________________________________] COUNTY, ALABAMA

(Select Court)

☐ Circuit Court

☐ District Court

Civil Action No.: [________________________________]

Division: [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

Defendant(s).

SECTION 2: PARTY AND ATTORNEY IDENTIFICATION

Plaintiff's Counsel

Defendant's Counsel

Additional Parties (if applicable)

SECTION 3: STIPULATION OF THE PARTIES

COME NOW Plaintiff [________________________________] ("Plaintiff") and Defendant [________________________________] ("Defendant") (collectively, the "Parties"), by and through their respective undersigned counsel of record, and pursuant to the Alabama Rules of Civil Procedure, respectfully submit this Stipulation and jointly request that the Court enter the attached Proposed Order. In support thereof, the Parties state as follows:

3.1 Recitals and Background

1. This action was commenced on [__/__/____] by the filing of a Complaint in the above-captioned court.

2. The Court entered the following relevant prior order(s): [________________________________]

3. The Parties have conferred in good faith pursuant to Ala. R. Civ. P. 26(f) and/or as otherwise required by applicable rules and standing orders.

4. The basis for this Stipulation is as follows: [________________________________]

3.2 Stipulated Terms

The Parties hereby stipulate and agree to the following terms:

Term 1: [________________________________]

Term 2: [________________________________]

Term 3: [________________________________]

Term 4: [________________________________]

(Add or remove terms as necessary)

3.3 Type of Stipulation

(Select all that apply)

☐ Scheduling Modification — Extension or modification of deadlines set by the Court's scheduling order pursuant to Ala. R. Civ. P. 16(b). The Parties represent that the requested modification will not delay the trial date of [__/__/____] / ☐ will require the trial date to be reset.

☐ Discovery Stipulation — Modification of discovery procedures or deadlines pursuant to Ala. R. Civ. P. 29 and Ala. R. Civ. P. 26(f). The Parties agree that: [________________________________]

☐ Continuance — The Parties jointly request that the hearing/trial currently set for [__/__/____] be continued to the first available date after [__/__/____], or to a date convenient to the Court.

☐ Dismissal — The Parties stipulate to dismissal of this action ☐ with prejudice / ☐ without prejudice pursuant to Ala. R. Civ. P. 41(a)(1)(ii), each party to bear its own costs and attorney fees unless otherwise specified herein.

☐ Settlement Terms — The Parties have reached a settlement agreement and stipulate to the following terms being incorporated into a court order: [________________________________]

☐ Protective Order / Confidentiality — The Parties agree to the entry of a protective order governing [________________________________] pursuant to Ala. R. Civ. P. 26(c).

☐ Other — [________________________________]

3.4 Good Cause Statement

Good cause exists for the relief requested because: [________________________________]

3.5 Impact on Trial and Case Management

☐ This stipulation will not affect the current trial date or other pending deadlines.

☐ This stipulation will affect the following deadlines, and the Parties propose the following revised schedule:

3.6 Reservation of Rights

Nothing in this Stipulation shall be construed as a waiver of any claim, defense, right, or objection not expressly addressed herein. The Parties reserve all rights not specifically modified by this agreement.

3.7 Authority to Stipulate

Each undersigned attorney represents that he or she has full authority from his or her respective client to enter into this Stipulation and to bind said client to the terms set forth herein.

3.8 Request for Court Approval

The Parties jointly and respectfully request that the Court adopt this Stipulation as its Order pursuant to Ala. R. Civ. P. 58(a) and any applicable standing orders of the [________________________________] County [____] Court.

SECTION 4: SIGNATURE BLOCKS — PARTIES AND ATTORNEYS

RESPECTFULLY SUBMITTED this [____] day of [________________________________], 20[____].

Plaintiff's Counsel

[________________________________]

By: _______________________________________________

[________________________________], Esq.

Alabama State Bar No. [________________________________]

[________________________________] (Firm Name)

[________________________________] (Street Address)

[________________________________], Alabama [____]

Telephone: [________________________________]

Email: [________________________________]

Counsel for Plaintiff [________________________________]

Defendant's Counsel

[________________________________]

By: _______________________________________________

[________________________________], Esq.

Alabama State Bar No. [________________________________]

[________________________________] (Firm Name)

[________________________________] (Street Address)

[________________________________], Alabama [____]

Telephone: [________________________________]

Email: [________________________________]

Counsel for Defendant [________________________________]

Pro Se Party (if applicable)

_______________________________________________

[________________________________] (Printed Name)

[________________________________] (Address)

[________________________________], Alabama [____]

Telephone: [________________________________]

Email: [________________________________]

Pro Se [____] Plaintiff / ☐ Defendant

Additional Party Signatures

(Reproduce this block for each additional party)

_______________________________________________

[________________________________], Esq. / Pro Se

Bar No. [________________________________] (if applicable)

Counsel for / Pro Se [________________________________]

SECTION 5: [PROPOSED] ORDER

IN THE [____] COURT OF [________________________________] COUNTY, ALABAMA

Civil Action No.: [________________________________]

ORDER

Upon consideration of the Parties' Joint Stipulation filed on [__/__/____], and good cause having been shown, it is hereby:

ORDERED, ADJUDGED, AND DECREED as follows:

1. The Parties' Stipulation is APPROVED and INCORPORATED herein by reference as if fully set forth.

2. [________________________________] (Restate Term 1 in operative order language)

3. [________________________________] (Restate Term 2 in operative order language)

4. [________________________________] (Restate Term 3 in operative order language)

5. [________________________________] (Additional terms as needed)

It is FURTHER ORDERED that all other deadlines, requirements, and provisions of prior orders of this Court shall remain in full force and effect unless specifically modified above.

The Clerk of Court is directed to serve a copy of this Order on all parties of record via AlaFile.

DONE AND ORDERED this [____] day of [________________________________], 20[____].

_______________________________________________

Honorable [________________________________]

[____] Judge, [________________________________] County, Alabama

SECTION 6: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I electronically filed the foregoing Stipulation and [Proposed] Order with the Clerk of Court using the Alabama Statewide Electronic Filing System (AlaFile), which will send automatic electronic notification to the following registered counsel of record:

I further certify that a true and correct copy was served by the following method on parties not registered for AlaFile:

☐ U.S. Mail, postage prepaid, pursuant to Ala. R. Civ. P. 5(b)(2)(B)

☐ Hand delivery pursuant to Ala. R. Civ. P. 5(b)(2)(A)

☐ Facsimile pursuant to Ala. R. Civ. P. 5(b)(2)(D)

☐ Email by written consent pursuant to Ala. R. Civ. P. 5(b)(2)(C)

upon the following:

[________________________________] (Name)

[________________________________] (Address / Email / Fax)

_______________________________________________

[________________________________]

Counsel for [________________________________]

SECTION 7: FILING AND PRACTICE CHECKLIST

Pre-Filing

☐ Obtain written confirmation of consent from all parties or their counsel

☐ Identify the controlling Alabama Rule(s) of Civil Procedure (e.g., Rules 6(b), 16, 29, 41, 58)

☐ Review the assigned judge's standing orders for any specific formatting or submission requirements

☐ Confirm AlaFile registration and good standing for all filing attorneys

☐ Draft the stipulation with particularity as required by Ala. R. Civ. P. 7(b)(1)

Filing

☐ Upload the Stipulation through AlaFile as the lead document

☐ Attach the Proposed Order as a separate document

☐ If the judge requires an editable format, upload a Word version of the Proposed Order per Ala. R. Civ. P. 5(e) and any local administrative directives

☐ Include all referenced exhibits, prior orders, or supporting declarations

☐ Pay any required filing fees through AlaFile (if applicable)

Post-Filing

☐ Verify AlaFile electronic notification was sent to all registered counsel

☐ Serve non-AlaFile participants by mail, hand delivery, or other authorized method under Ala. R. Civ. P. 5(b)

☐ Calendar any new deadlines set by the stipulation

☐ Monitor AlaFile for the Court's ruling on the Proposed Order

☐ Update the case management schedule upon entry of the Order

SECTION 8: ALABAMA-SPECIFIC PRACTICE NOTES

AlaFile Electronic Filing System

Alabama mandates electronic filing through the AlaFile system for most civil cases in Circuit and District Courts. All documents must be submitted in PDF format. The Administrative Office of Courts (AOC) provides guidance on acceptable file sizes, naming conventions, and submission procedures. Attorneys must maintain current AlaFile accounts and ensure email addresses are updated for service notifications.

Rule 29 — Stipulations Regarding Discovery

Under Ala. R. Civ. P. 29, unless the court orders otherwise, the parties may by written stipulation modify discovery procedures (including methods, timing, and sequence). However, a stipulation extending time for responses to discovery that would interfere with deadlines set by court order requires court approval.

Rule 16 — Scheduling Order Modifications

Pursuant to Ala. R. Civ. P. 16(b), a scheduling order may be modified only by leave of the judge or by stipulation of the parties approved by the judge. The stipulation must demonstrate good cause for the requested modification.

Rule 41 — Stipulated Dismissals

Under Ala. R. Civ. P. 41(a)(1)(ii), an action may be dismissed by the plaintiff without order of court by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the stipulation, the dismissal is without prejudice, except that a second dismissal operates as an adjudication on the merits.

Rule 58 — Entry of Judgments and Orders

Ala. R. Civ. P. 58(a) provides that every judgment and order shall be set forth on a separate document. Electronic input into the State Judicial Information System (SJIS) constitutes "entry" for purposes of this rule. The date of entry controls the running of time for post-judgment motions and appeal deadlines.

Rule 6(b) — Enlargement of Time

Under Ala. R. Civ. P. 6(b), the court may for cause shown enlarge the period within which an act is required to be done, provided the request is made before the expiration of the original period (or after expiration upon a showing of excusable neglect, in most circumstances). Stipulations requesting extensions should expressly invoke this rule.

Sources and References

• Alabama Rules of Civil Procedure (complete text): Alabama Judicial System
• AlaFile Electronic Filing System: Alabama AOC
• Ala. R. Civ. P. 58 (Rendition and Entry of Orders): Rule 58 PDF
• Ala. R. Civ. P. 16 (Pre-Trial Conferences): Rule 16 PDF
• Alabama Rules of Court (Index): Judicial System Rules
• Civil Forms — Alabama Administrative Office of Courts: E-Forms