State Court Stipulation and [Proposed] Order (General Civil)

STIPULATION AND [PROPOSED] ORDER

Arizona Superior Court — General Civil Matters

TEMPLATE INSTRUCTIONS

1. Replace all [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_] and bracketed placeholder values with actual case information.
2. Review all Practice Notes and customize to your specific county and judicial division.
3. Remove all practice notes and instructional text before filing.
4. Prepare the Proposed Order as a separate document in editable (.docx) format per Ariz. R. Civ. P. 5.1(d)(1).
5. Have this document reviewed by qualified Arizona-licensed counsel before filing.

PART I — CAPTION AND ATTORNEY INFORMATION

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [________________________________]

Filing Attorney Information

PART II — STIPULATION

A. Recitals

The undersigned parties, through their respective counsel of record, hereby stipulate and agree as follows:

1. Parties and Representation. Plaintiff [________________________________] ("Plaintiff") is represented by [________________________________] of [________________________________]. Defendant [________________________________] ("Defendant") is represented by [________________________________] of [________________________________].

2. Procedural History. This action was commenced by the filing of the Complaint on [__/__/____]. Defendant filed an Answer on [__/__/____]. The Court entered a Scheduling Order (Rule 16 Case Management Order) on [__/__/____], setting the following deadlines:

• Disclosure deadline under Ariz. R. Civ. P. 26.1: [__/__/____]
• Fact discovery cutoff: [__/__/____]
• Expert disclosure deadline: [__/__/____]
• Dispositive motion deadline: [__/__/____]
• Trial date: [__/__/____]

3. Current Status of the Case. [________________________________]
   (Describe the current posture of the case, including discovery completed, depositions taken, motions pending, and any other relevant procedural history.)

4. Reason for Stipulation. The parties have conferred in good faith and agree that the following modifications are necessary and appropriate because: [________________________________]
   (State the specific reasons justifying the stipulation, such as newly discovered issues, party scheduling conflicts, settlement negotiations, or complexity of the matter.)

B. Stipulated Terms

NOW, THEREFORE, the parties stipulate and agree to the following:

Term 1. [________________________________]
(Example: "The deadline for initial disclosure statements under Ariz. R. Civ. P. 26.1 is extended from [__/__/____] to [__/__/____].")

Term 2. [________________________________]
(Example: "The fact discovery cutoff is extended from [__/__/____] to [__/__/____], and all discovery requests must be served sufficiently in advance to allow responses before the new cutoff.")

Term 3. [________________________________]
(Example: "Depositions of the following witnesses shall be completed by [__/__/____] and may be conducted remotely via videoconference under Ariz. R. Civ. P. 30(b)(7): [list witnesses].")

Term 4. [________________________________]
(Example: "The expert disclosure deadline is extended from [__/__/____] to [__/__/____], with rebuttal expert disclosures due by [__/__/____].")

Term 5. [________________________________]
(Example: "The dispositive motion deadline is extended from [__/__/____] to [__/__/____].")

Term 6. [________________________________]
(Additional terms as needed.)

C. Authority and Good Cause

This Stipulation is entered into pursuant to the following authority:

• Ariz. R. Civ. P. 80(d): No agreement or consent between parties or attorneys in any matter is binding if disputed unless it is in writing, or made orally in open court and entered in the minutes. This written Stipulation satisfies the requirements of Rule 80(d).

• Ariz. R. Civ. P. 29: Unless the court orders otherwise, the parties may stipulate to modify procedures governing or limitations placed on discovery, except that a stipulation may not extend the time for any disclosure or discovery beyond dates set by the court unless approved by the court.

• Ariz. R. Civ. P. 16: The Court's Scheduling Order may be modified only for good cause and with the judge's consent under Rule 16(b)(4).

• Ariz. R. Civ. P. 6(b): The court may, for good cause, extend time on motion made after the expiration of the specified period if the party failed to act because of excusable neglect.

Good cause exists to approve this Stipulation because: [________________________________]
(Provide specific factual support demonstrating good cause, e.g., complexity of issues, volume of discovery, need for additional expert analysis, ongoing settlement discussions, or scheduling conflicts.)

D. Reservation of Rights

Except as expressly modified by this Stipulation:

1. All other deadlines established by the Court's Scheduling Order dated [__/__/____] remain in full force and effect.
2. All rights, claims, defenses, objections, and privileges of each party are fully reserved.
3. Nothing in this Stipulation shall be construed as an admission of any fact, liability, or legal theory by any party.
4. This Stipulation shall not constitute a waiver of any party's right to seek further relief from the Court.

E. Compliance with Arizona Rules

The parties represent and certify the following:

☐ This Stipulation is made in good faith and not for the purpose of delay.

☐ The parties have conferred regarding the terms of this Stipulation as required by Ariz. R. Civ. P. 7.1(h) (meet-and-confer requirement).

☐ The proposed modifications will not prejudice any party or the Court's scheduling needs.

☐ A proposed form of order is submitted separately as required by Ariz. R. Civ. P. 5.1(d)(1).

☐ The Stipulation has been signed by all parties or their authorized counsel of record.

F. Request for Entry of Order

The parties respectfully request that this Court approve the foregoing Stipulation and enter the accompanying [Proposed] Order adopting its terms, pursuant to Ariz. R. Civ. P. 58(a).

PART III — SIGNATURES OF COUNSEL AND PARTIES

DATED this [____] day of [________________________________], 20[____].

For Plaintiff:

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
Arizona State Bar No. [________________________________]
[________________________________] (Address)
[________________________________], Arizona [____]
Telephone: [________________________________]
Email: [________________________________]
Attorneys for Plaintiff [________________________________]

For Defendant:

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
Arizona State Bar No. [________________________________]
[________________________________] (Address)
[________________________________], Arizona [____]
Telephone: [________________________________]
Email: [________________________________]
Attorneys for Defendant [________________________________]

Additional Party (if applicable):

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
Arizona State Bar No. [________________________________]
Attorneys for [________________________________]

Self-Represented Party Signature (if applicable):

By: [________________________________]
[________________________________] (Print Name)
[________________________________] (Address)
[________________________________], Arizona [____]
Telephone: [________________________________]
Email: [________________________________]
Self-Represented ☐ Plaintiff / ☐ Defendant

PART IV — [PROPOSED] ORDER

PRACTICE NOTE: Under Ariz. R. Civ. P. 5.1(d)(1), the proposed order must be prepared as a separate document and submitted in an editable format (e.g., .docx). Many judicial divisions in Maricopa, Pima, and other counties require the proposed order to be uploaded to the "Proposed Orders" queue in AZTurboCourt or eFileAZ. Check the assigned judge's division procedures before filing.

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [________________________________]

THE COURT, having reviewed the parties' Stipulation filed on [__/__/____], and having considered the representations of counsel, and finding good cause shown:

IT IS HEREBY ORDERED as follows:

1. The parties' Stipulation is APPROVED and incorporated herein by reference.

2. [________________________________]
   (Mirror the specific stipulated terms as ordered relief.)

3. [________________________________]

4. [________________________________]

5. [________________________________]

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 of the Court shall serve copies of this Order on all parties via the electronic filing system.

DATED this [____] day of [________________________________], 20[____].

[________________________________]
Hon. [________________________________]
Judge of the Superior Court

PART V — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused the foregoing Stipulation and [Proposed] Order to be served upon the following by the methods indicated:

Via eFileAZ / AZTurboCourt Electronic Filing and Service:

☐ [________________________________] (Attorney Name)
Counsel for [________________________________] (Party Name)
Electronic Service Address: [________________________________]

☐ [________________________________] (Attorney Name)
Counsel for [________________________________] (Party Name)
Electronic Service Address: [________________________________]

Via Alternative Service (for non-eFileAZ participants) per Ariz. R. Civ. P. 5(c):

☐ [________________________________] (Name)
[________________________________] (Address)
Method: ☐ U.S. First-Class Mail ☐ Hand Delivery ☐ Email to [________________________________]

☐ [________________________________] (Name)
[________________________________] (Address)
Method: ☐ U.S. First-Class Mail ☐ Hand Delivery ☐ Email to [________________________________]

By: [________________________________]
[________________________________] (Print Name)

PART VI — ARIZONA PRACTICE NOTES

A. Court Structure

Arizona's trial courts of general jurisdiction are the Superior Courts, established in each of the 15 counties. The largest counties by volume are:

• Maricopa County (Phoenix) — Multiple civil divisions; each has specific proposed-order procedures
• Pima County (Tucson) — Civil divisions with standing orders on scheduling modifications
• Pinal County — Combined civil/criminal dockets in some divisions

B. Electronic Filing Requirements

• eFileAZ is the statewide mandatory electronic filing system for Arizona Superior Courts. All civil filings must be submitted electronically unless the filer qualifies for an exemption.
• AZTurboCourt is the third-party service provider used to access the eFileAZ system.
• When filing a stipulation:
• Use the document type code for "Stipulation" (not "Motion")
• Upload the proposed order as a separate filing using the "Proposed Order" document type
• The proposed order must be in an editable format (.docx) so the judge can modify it before signing
• Some judges require the proposed order to be uploaded to a separate "Proposed Orders" queue

C. Rule 80(d) Requirements

Under Ariz. R. Civ. P. 80(d), an agreement between parties or attorneys is not binding if disputed unless it is:

1. In writing and signed by the parties or their attorneys; or
2. Made orally in open court and entered in the minutes; or
3. Made before a mediator or judicial officer and memorialized by a court reporter or by audio or visual recording (added by 2023 amendment, effective 2024).

A written stipulation filed with the court satisfies Option 1.

D. Rule 80(a) Pleading Considerations

Maricopa County and certain other counties have a specific form for Rule 80(a) Agreement Pleadings. If the stipulation relates to an agreement resolving all or part of the case, consult the county's specific Rule 80(a) cover sheet requirements.

E. Key Deadlines and Timing

• Scheduling Order Modifications: Under Ariz. R. Civ. P. 16(b)(4), a scheduling order may be modified only for good cause and with the judge's consent.
• Discovery Stipulations: Under Ariz. R. Civ. P. 29, parties may stipulate to modify discovery procedures, but cannot extend court-set deadlines without court approval.
• Motion Page Limits: Under Ariz. R. Civ. P. 7.1, motions and memoranda are subject to page limits (17 pages for initial briefs, 17 for responses, 11 for replies).

F. County-Specific Considerations

G. Service Requirements

Under Ariz. R. Civ. P. 5(c), service of filings may be accomplished by:

1. Electronic service through eFileAZ (automatic for registered users)
2. Delivery to the person's last known address
3. Mailing to the person's last known address
4. Any other method agreed to in writing by the parties

For parties not registered with eFileAZ, alternative service must be documented in the Certificate of Service.

SOURCES AND REFERENCES

• Arizona Rules of Civil Procedure (current edition), available at: https://www.azcourts.gov/Rules/
• Ariz. R. Civ. P. 80(d) — Agreements between parties or attorneys
• Ariz. R. Civ. P. 16 — Scheduling and management of cases
• Ariz. R. Civ. P. 29 — Stipulations about discovery procedure
• Ariz. R. Civ. P. 7.1 — Motions, memoranda, and hearings
• Ariz. R. Civ. P. 5.1(d)(1) — Proposed orders filed as separate documents
• Ariz. R. Civ. P. 5(c) — Service methods
• Ariz. R. Civ. P. 6(b) — Extension of time
• Ariz. R. Civ. P. 11(b) — Signature and certification requirements
• Ariz. R. Civ. P. 58(a) — Entry of judgment or order
• Arizona Superior Court eFileAZ: https://efilecourts.az.gov
• Maricopa County Superior Court Local Rules and Forms: https://superiorcourt.maricopa.gov
• Arizona Judicial Branch Rules Forum: https://www.azcourts.gov/Rules-Forum/