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

STIPULATION AND PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS
[________________________________] DIVISION

[________________________________],
Plaintiff,

v. Case No. [________________________________]

[________________________________],
Defendant.

ATTORNEY INFORMATION — FILING PARTY

STIPULATION OF THE PARTIES

COME NOW the undersigned parties, by and through their respective counsel of record (or appearing pro se), and hereby stipulate and agree to the following terms and conditions, and respectfully request that this Honorable Court enter the accompanying Proposed Order approving and incorporating this Stipulation.

I. RECITALS AND BACKGROUND

1. This action was commenced by the filing of a Complaint on [__/__/____] in the Circuit Court of [________________________________] County, Arkansas.

2. The Court entered a Scheduling Order on [__/__/____] (Docket Entry No. [____]) establishing the following relevant deadlines:

a. Discovery cutoff: [__/__/____]

b. Expert disclosure deadline: [__/__/____]

c. Dispositive motion deadline: [__/__/____]

d. Pretrial conference: [__/__/____]

e. Trial date: [__/__/____]

3. The parties have conferred in good faith pursuant to their obligations under Ark. R. Civ. P. 16 and have reached agreement on the matters set forth below.

4. Additional background supporting this Stipulation:
   [________________________________]
   [________________________________]
   [________________________________]

II. SUBJECT MATTER OF THE STIPULATION

Select the applicable category or categories:

☐ Extension of Discovery Deadlines — The parties seek to modify one or more discovery deadlines established by the Court's Scheduling Order.

☐ Modification of Scheduling Order Deadlines — The parties seek to modify non-discovery deadlines, including but not limited to expert disclosure, dispositive motion, and pretrial conference deadlines.

☐ Continuance of Trial Date — The parties jointly request that the trial date be continued.

☐ Dismissal of Claims or Parties — The parties have agreed to dismiss certain claims or parties pursuant to Ark. R. Civ. P. 41.

☐ Settlement-Related Matters — The parties have reached a partial or complete settlement and seek court approval of related terms.

☐ Discovery Procedure Modification — Pursuant to Ark. R. Civ. P. 29, the parties seek to modify standard discovery procedures by written stipulation.

☐ Other — [________________________________]

III. STIPULATED TERMS

The parties hereby stipulate and agree as follows:

Term 1. [________________________________]
[________________________________]
[________________________________]

Term 2. [________________________________]
[________________________________]
[________________________________]

Term 3. [________________________________]
[________________________________]
[________________________________]

Term 4. [________________________________]
[________________________________]
[________________________________]

Term 5. [________________________________]
[________________________________]
[________________________________]

Note: Add or remove terms as necessary. Each term should be stated with sufficient specificity to be enforceable as a court order.

IV. GOOD CAUSE STATEMENT

The parties represent that good cause exists for the Court to approve this Stipulation for the following reasons:

1. [________________________________]

2. [________________________________]

3. [________________________________]

The parties further represent that:

☐ No party will suffer undue prejudice as a result of the relief requested herein.

☐ The requested modification will not require a continuance of the trial date.

☐ The requested modification will require a continuance of the trial date because [________________________________].

☐ Third parties will not be adversely affected by the terms of this Stipulation.

V. STATUTORY AND PROCEDURAL AUTHORITY

This Stipulation is entered pursuant to the following authority:

1. Ark. R. Civ. P. 16 — Governs pretrial conferences, scheduling, and case management. The Court may modify a scheduling order upon a showing of good cause. The parties' agreement constitutes prima facie good cause for the modifications requested herein.

2. Ark. R. Civ. P. 29 — Permits the parties, by written stipulation, to modify the procedures provided by the Arkansas Rules of Civil Procedure for discovery matters, unless the Court orders otherwise.

3. Ark. R. Civ. P. 41(a) — Authorizes voluntary dismissal of an action by stipulation signed by all parties who have appeared in the action (if applicable to the terms herein).

4. Ark. R. Civ. P. 58 — Governs the entry of judgments and decrees. The proposed order accompanying this Stipulation is submitted for entry consistent with this rule.

5. Arkansas Supreme Court Administrative Order No. 21 — Governs electronic filing through the eFlex system. This Stipulation and Proposed Order are being filed electronically in compliance with this administrative order.

6. Additional authority (if applicable): [________________________________]

VI. RESERVATION OF RIGHTS

1. Except as expressly modified by this Stipulation, all other provisions of the Court's Scheduling Order dated [__/__/____] remain in full force and effect.

2. All claims, defenses, and counterclaims not specifically addressed herein are preserved in their entirety.

3. This Stipulation shall not be construed as an admission of liability, fault, or responsibility by any party.

4. Each party reserves the right to seek further relief from the Court as circumstances may require.

VII. SIGNATURES OF THE PARTIES AND COUNSEL

The undersigned represent that they have the authority to enter into this Stipulation on behalf of their respective clients and that each party has consented to the terms set forth herein.

FOR PLAINTIFF:

Date: [__/__/____]

________________________________________
[________________________________]
Arkansas Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Arkansas [____]
Telephone: [________________________________]
E-mail: [________________________________]
Attorney for Plaintiff [________________________________]

FOR DEFENDANT:

Date: [__/__/____]

________________________________________
[________________________________]
Arkansas Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Arkansas [____]
Telephone: [________________________________]
E-mail: [________________________________]
Attorney for Defendant [________________________________]

ADDITIONAL PARTY (if applicable):

Date: [__/__/____]

________________________________________
[________________________________]
Arkansas Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Arkansas [____]
Telephone: [________________________________]
E-mail: [________________________________]
Attorney for [________________________________]

PRO SE PARTY (if applicable):

Date: [__/__/____]

________________________________________
[________________________________] (Printed Name)
[________________________________] (Street Address)
[________________________________], Arkansas [____]
Telephone: [________________________________]
E-mail: [________________________________]

PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS
[________________________________] DIVISION

[________________________________],
Plaintiff,

v. Case No. [________________________________]

[________________________________],
Defendant.

ORDER APPROVING STIPULATION

The Court, having reviewed the Stipulation of the Parties filed on [__/__/____], and the Court being sufficiently advised and finding that:

1. All parties have consented to the terms of the Stipulation;

2. Good cause exists for the relief requested;

3. The terms of the Stipulation are fair, reasonable, and not contrary to law or public policy;

4. Entry of this Order will promote the efficient administration of justice;

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:

1. The Stipulation of the Parties is APPROVED and incorporated herein by reference as if fully set forth.

2. [________________________________]
   [Restate Term 1 as ordered relief]

3. [________________________________]
   [Restate Term 2 as ordered relief]

4. [________________________________]
   [Restate Term 3 as ordered relief]

5. [________________________________]
   [Restate additional terms as ordered relief]

6. All other provisions of the Court's Scheduling Order dated [__/__/____] and all prior orders not expressly modified herein remain in full force and effect.

7. The Clerk is directed to serve a copy of this Order on all counsel of record and unrepresented parties.

IT IS SO ORDERED this [____] day of [________________________________], 20[____].

________________________________________
Honorable [________________________________]
Circuit Judge
[________________________________] County Circuit Court
[________________________________] Division

CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], a true and correct copy of the foregoing Stipulation and Proposed Order was served on all counsel of record and unrepresented parties by the following method(s):

☐ eFlex Electronic Service — Electronic service through the Arkansas eFlex system to the following registered users:

☐ U.S. Mail — First-class mail, postage prepaid, to:

[________________________________]
[________________________________]
[________________________________]

☐ Hand Delivery — Personal delivery to:

[________________________________]
[________________________________]

☐ Facsimile — Transmitted to:

[________________________________] at [________________________________]

☐ Other method (specify): [________________________________]

________________________________________
[________________________________]
Arkansas Bar No. [________________________________]

ARKANSAS-SPECIFIC PRACTICE NOTES

A. Electronic Filing (eFlex) Requirements

1. Mandatory eFlex Filing. Under Arkansas Supreme Court Administrative Order No. 21, electronic filing through the eFlex system is mandatory in all circuit courts. The stipulation and proposed order must be filed electronically.

2. Document Format. Upload the stipulation as a PDF. If the assigned judge requires an editable version of the proposed order, also upload a Word document version.

3. Document Description. Use the eFlex document description "Stipulation" or "Stipulation and Proposed Order" when filing. The proposed order should be uploaded as a separate attachment using the "Proposed Order" document type.

4. Electronic Signatures. Electronic signatures in the format "/s/ [Attorney Name]" are acceptable for eFlex filings. All signing attorneys should use this format.

5. Service on Non-eFlex Parties. Self-represented litigants who have not registered for eFlex must be served by conventional means (U.S. Mail or hand delivery) pursuant to Ark. R. Civ. P. 5(b).

B. Stipulation Practice in Arkansas Circuit Courts

6. Good Cause Standard. Arkansas circuit courts generally require a showing of good cause before modifying scheduling order deadlines. The stipulation should articulate specific reasons justifying the requested modification.

7. Court Approval Required. A stipulation does not become effective until approved by the court and entered as an order. Until the proposed order is signed, existing deadlines remain in effect.

8. Consent of All Parties. The stipulation must be signed by all parties or their counsel. If a party declines to stipulate, the requesting party must proceed by motion rather than stipulation.

9. Rule 41 Dismissals. If the stipulation involves dismissal of claims, Ark. R. Civ. P. 41(a)(1)(ii) permits dismissal by stipulation signed by all parties who have appeared in the action. Specify whether dismissal is with or without prejudice.

10. Rule 29 Discovery Stipulations. Pursuant to Ark. R. Civ. P. 29, the parties may modify discovery procedures by written stipulation without court approval, unless the court has ordered otherwise. However, modifications to court-ordered deadlines still require a court order.

C. Local Circuit Court Rules

11. Check Local Rules. Individual circuit courts in Arkansas may have supplemental local rules regarding stipulations and proposed orders. Consult the local rules for the circuit court in which the action is pending.

12. Standing Orders. Some Arkansas circuit judges maintain standing orders with specific formatting requirements for proposed orders (e.g., editable format, particular margins, font requirements). Verify compliance with any applicable standing orders.

D. Filing Checklist

☐ Stipulation signed by all parties or counsel of record

☐ Proposed order included as a separate document

☐ Good cause statement articulated in the stipulation

☐ Correct case number and division designation

☐ eFlex document descriptions properly assigned

☐ Editable version of proposed order uploaded if required by judge

☐ Non-eFlex parties served by conventional means

☐ Certificate of service completed with correct date and method

☐ Copy retained for client file

SOURCES AND REFERENCES

1. Arkansas Rules of Civil Procedure — Full text available at the Arkansas Judiciary website: https://www.arcourts.gov
   - Rule 5(b): Service of Pleadings and Papers
   - Rule 16: Pretrial Conferences; Scheduling; Management
   - Rule 29: Stipulations Regarding Discovery Procedure
   - Rule 41: Dismissal of Actions
   - Rule 58: Entry of Judgment

2. Arkansas Supreme Court Administrative Order No. 21 — Electronic Filing Requirements

3. eFlex Electronic Filing System — Resources and user guides available at: https://eflex.arcourts.gov

4. Arkansas Bar Association — Practice guides and CLE materials on civil litigation procedure

5. Local Circuit Court Rules — Available through individual circuit court clerk offices and the Arkansas Judiciary website

This template is designed for use in Arkansas Circuit Courts for general civil stipulations and proposed orders. It must be reviewed and customized by a licensed Arkansas attorney before filing. The information contained herein is current as of the date indicated in the frontmatter but may be affected by subsequent rule amendments or legislative changes.