State Court Stipulation and Proposed Order (General Civil) - Alabama

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

☐ Confirm the filing and service methods available to each participant

☐ 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 concerning this Stipulation and have reviewed any applicable court order governing this request.

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 — The Parties request leave of court to modify deadlines set by the Court's scheduling order under Ala. R. Civ. P. 16(b), for the good cause stated below. The requested modification ☐ will not delay the trial date of [__/__/____] / ☐ will require the trial date to be reset.

☐ Discovery Stipulation — Proposed modification of discovery procedures under Ala. R. Civ. P. 29. The Parties request court approval if an existing court order would be changed: [________________________________]

☐ 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.

☐ Court-Ordered Dismissal — The Parties jointly request dismissal of this action ☐ with prejudice / ☐ without prejudice under Ala. R. Civ. P. 41(a)(2), on the following terms concerning costs, fees, and any pending counterclaim: [________________________________].

☐ 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 enter the attached Proposed Order to grant the relief requested above, subject to any applicable standing order 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 shall enter this Order in the court record as provided by Ala. R. Civ. P. 58(c).

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

_______________________________________________

Honorable [________________________________]

[____] Judge, [________________________________] County, Alabama

SECTION 6: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I filed the foregoing Stipulation and [Proposed] Order with the Clerk of Court by [________________________________]. I served it on the following registered counsel through the court's electronic-filing system under Ala. R. Civ. P. 5(b)(2)(E):

I further certify that a true and correct copy was served on other parties or counsel by the following authorized method:

☐ U.S. Mail to the last known address pursuant to Ala. R. Civ. P. 5(b)(2)(C)

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

☐ Leaving the paper at the person's office or dwelling as specified in Ala. R. Civ. P. 5(b)(2)(B)

☐ Email to an unrepresented party using the address that party provided under Ala. R. Civ. P. 5(b)(2)(F)

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 for the Proposed Order, submit it as directed by the judge or applicable filing instructions

☐ 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

Rule 5(d)(1) recognizes electronic filing in accordance with an Alabama Supreme Court order or rule. Rule 5(b)(2)(E) permits service through the court's electronic-filing system on registered users. Confirm the court's current filing instructions, available document formats, and the service method for each recipient before filing.

Rule 29 — Stipulations Regarding Discovery

Under Ala. R. Civ. P. 29, unless the court orders otherwise, the parties may by written stipulation use alternative deposition arrangements or modify procedures for other discovery methods. A stipulation cannot itself change an existing scheduling order; request leave under Rule 16(b) if the court's schedule must change.

Rule 16 — Scheduling Order Modifications

Pursuant to Ala. R. Civ. P. 16(b), an issued scheduling order may be modified only by leave of court upon a showing of good cause. For district-court cases, check Rule 16(dc) and the actual case-management order.

Rule 41 — Stipulated Dismissals

Under Ala. R. Civ. P. 41(a)(1)(ii), a stipulation of dismissal signed by all parties who appeared can dismiss the plaintiff's action without a court order, subject to the exceptions listed in that rule. If the parties seek an order instead, Rule 41(a)(2) governs dismissal at the plaintiff's instance on terms the court considers proper; a counterclaim pleaded before the defendant was served with the plaintiff's dismissal motion remains pending. A second-dismissal merits effect under Rule 41(a)(1) applies to the plaintiff's notice of dismissal, not a stipulation.

Rule 58 — Entry of Judgments and Orders

Ala. R. Civ. P. 58(a) allows a judge to render an order or judgment by several methods, including a separate written document, an endorsed motion, a court-record notation, or an electronic document. A separate document is not required in every case. Under Rule 58(c), an order rendered by the first four methods is entered when input into the State Judicial Information System; an order rendered electronically under Rule 58(a)(5) is entered when the judge transmits it to the electronic-filing system. Check the entry date when calculating post-judgment and appeal deadlines.

Rule 6(b) — Enlargement of Time

Under Ala. R. Civ. P. 6(b), the court may extend a period for good cause if it acts or receives the request before the period expires; after expiration, a motion must show excusable neglect. The listed post-trial motion periods in Rule 6(b)(2) cannot be extended except as those rules allow. If an existing scheduling order is affected, Rule 16(b)'s separate good-cause and leave requirements also apply.

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