Delaware Superior Court Stipulation and Proposed Order (General Civil)

STIPULATION AND [PROPOSED] ORDER

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

I. ATTORNEY INFORMATION BLOCK

Attorney for [________________________________] (Plaintiff / Defendant):

II. CASE CAPTION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [________________________________] COUNTY
              (New Castle / Kent / Sussex)

[________________________________],        )
                                           )
                    Plaintiff,             )
                                           )    C.A. No. [________________________________]
         v.                                )
                                           )
[________________________________],        )
                                           )
                    Defendant.             )

STIPULATION AND [PROPOSED] ORDER

III. INTRODUCTORY RECITALS

The undersigned parties, by and through their respective counsel of record, hereby stipulate and agree to the following terms and conditions pursuant to the Delaware Superior Court Rules of Civil Procedure:

A. Procedural Background

1. This action was commenced by the filing of a Complaint on [__/__/____].

2. The Court entered its Scheduling Order (or Case Management Order) on [__/__/____] (Docket Item No. [____]).

3. The current deadlines established by the Court include:
   - Fact discovery cutoff: [__/__/____]
   - Expert discovery cutoff: [__/__/____]
   - Dispositive motion deadline: [__/__/____]
   - Pre-trial conference: [__/__/____]
   - Trial date: [__/__/____]

4. Additional relevant procedural history: [________________________________]

B. Basis for Stipulation

5. The parties have conferred in good faith regarding the subject matter of this Stipulation and have reached agreement on the terms set forth below.

6. This Stipulation is entered pursuant to the following Delaware Superior Court Civil Rules (check all that apply):

☐ Rule 6(b) — Enlargement of time for any act required or allowed under the rules
☐ Rule 16 — Modification of scheduling or case management order
☐ Rule 29 — Stipulation regarding discovery procedures
☐ Rule 41(a)(1)(ii) — Dismissal by stipulation of all parties who have appeared
☐ Rule 107 — Matters relating to Alternative Dispute Resolution
☐ Other: [________________________________]

7. Good cause exists for the relief sought because: [________________________________]

IV. STIPULATED TERMS

NOW, THEREFORE, the parties stipulate and agree as follows:

Term 1. [________________________________]

Term 2. [________________________________]

Term 3. [________________________________]

Term 4. [________________________________]

Term 5. [________________________________]

(Add or remove numbered terms as necessary. Each term should be specific, measurable, and include relevant dates where applicable.)

V. IMPACT ON EXISTING DEADLINES

The parties represent and certify the following regarding the impact of this Stipulation on existing Court deadlines:

☐ No impact on trial date. The stipulated terms do not affect the currently scheduled trial date of [__/__/____].

☐ Trial date modification requested. The parties jointly request that the trial date be continued from [__/__/____] to [__/__/____] or the next available trial period. The parties have conferred with the chambers of the Honorable [________________________________] as required.

☐ Scheduling Order modification. The parties request that the Court's Scheduling Order (D.I. [____]) be modified as follows:

VI. COMPLEX COMMERCIAL LITIGATION DIVISION (CCLD) PROVISIONS

(Complete this section only if the case is assigned to the CCLD)

☐ This case is assigned to the Complex Commercial Litigation Division.

☐ The parties have complied with the CCLD Case Management Order, Paragraph [____], which permits modification of deadlines upon written agreement of the parties for good cause shown.

☐ The parties have conferred with the CCLD judge's chambers prior to filing this Stipulation, as required by the applicable standing order.

VII. ALTERNATIVE DISPUTE RESOLUTION (ADR) PROVISIONS

(Complete this section if the stipulation relates to ADR under Rule 107)

☐ The parties stipulate to submit the matter to the following ADR process:

☐ Mediation
☐ Arbitration (binding / non-binding)
☐ Case evaluation
☐ Other: [________________________________]

☐ The parties have selected [________________________________] as the neutral.

☐ The ADR proceeding shall be completed on or before [__/__/____].

☐ The parties shall share the costs of ADR equally / as follows: [________________________________].

VIII. RESERVATION OF RIGHTS

Except as expressly modified by this Stipulation, all prior orders of the Court, including but not limited to the Scheduling Order, Case Management Order, and any Protective Orders, shall remain in full force and effect.

Nothing in this Stipulation shall be construed as an admission of liability, a waiver of any claim or defense, or a waiver of any right to object to the admissibility of evidence at trial.

IX. REQUEST FOR JUDICIAL APPROVAL

The parties respectfully request that the Court approve the foregoing Stipulation and enter the accompanying Proposed Order set forth in Section XI below.

X. SIGNATURES OF COUNSEL

FOR PLAINTIFF [________________________________]:

Date: [__/__/____]

[________________________________]
By: ________________________________________
    [________________________________] (DE Bar ID No. [____])
    [________________________________] (Firm Name)
    [________________________________] (Street Address)
    [________________________________], Delaware [____]
    Tel: [________________________________]
    Email: [________________________________]
    Attorneys for Plaintiff

FOR DEFENDANT [________________________________]:

Date: [__/__/____]

[________________________________]
By: ________________________________________
    [________________________________] (DE Bar ID No. [____])
    [________________________________] (Firm Name)
    [________________________________] (Street Address)
    [________________________________], Delaware [____]
    Tel: [________________________________]
    Email: [________________________________]
    Attorneys for Defendant

FOR ADDITIONAL PARTY [________________________________]:

Date: [__/__/____]

[________________________________]
By: ________________________________________
    [________________________________] (DE Bar ID No. [____])
    [________________________________] (Firm Name)
    [________________________________] (Street Address)
    [________________________________], Delaware [____]
    Tel: [________________________________]
    Email: [________________________________]
    Attorneys for [________________________________]

(Include a signature block for every counsel of record. Pursuant to Del. Super. Ct. Civ. R. 11, electronic signatures in the form "/s/ [Attorney Name]" are accepted when filed through File & ServeXpress.)

XI. [PROPOSED] ORDER

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

[________________________________],        )
                    Plaintiff,             )
         v.                                )    C.A. No. [________________________________]
[________________________________],        )
                    Defendant.             )


                         ORDER

    AND NOW, this [____] day of [________________________________], 20[____],

upon consideration of the parties' Stipulation filed on [__/__/____], and
for good cause shown, IT IS HEREBY ORDERED as follows:

    1. The Stipulation is APPROVED and its terms are incorporated herein
       by reference.

    2. [________________________________].

    3. [________________________________].

    4. [________________________________].

    5. All remaining provisions of the Court's Scheduling Order / Case
       Management Order (D.I. [____]) remain in full force and effect
       unless expressly modified herein.

    IT IS SO ORDERED.


                              ________________________________________
                              The Honorable [________________________________]
                              [Resident Judge / Judge / Commissioner]
                              Superior Court of the State of Delaware

XII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused the foregoing Stipulation and [Proposed] Order to be filed and served upon all registered counsel of record via File & ServeXpress in accordance with Del. Super. Ct. Civ. R. 5(b) and Administrative Directive 2007-4.

Service was additionally made by the following method(s) upon non-registered parties:

________________________________________
[________________________________]
(Attorney Name / Declarant)

XIII. FILING AND SERVICE CHECKLIST

☐ Identify the governing rule. Confirm the specific Delaware Superior Court Civil Rule(s) that authorize the stipulated relief (e.g., Rules 6(b), 16, 29, 41, 107) and reference any applicable standing orders for the assigned division or judge.

☐ Prepare the proposed order in Word format. Many Delaware Superior Court judges require that the proposed order be uploaded as a separate Word (.docx) document so that the Court may edit the order before entry. Confirm the assigned judge's preference.

☐ File through File & ServeXpress. Select the correct transaction type (e.g., "Stipulation" or "Stipulation and Order"). Upload the stipulation as a PDF and the proposed order as both PDF and Word. Confirm payment of the electronic filing fee.

☐ Verify service on all parties. Ensure that all registered counsel receive automatic notification through File & ServeXpress. Serve non-registered parties and self-represented litigants by alternative means consistent with Del. Super. Ct. Civ. R. 5(b).

☐ Confer with chambers if required. For stipulations that affect the trial date or involve CCLD matters, confirm that the parties have communicated with the assigned judge's chambers prior to filing, as required by local practice.

☐ Check for additional approvals. Certain stipulations (e.g., dismissals involving minors, class action settlements, consent decrees) require additional court approval procedures under applicable Delaware law.

☐ Retain conformed copies. After the Court enters the Order, obtain and retain a time-stamped, conformed copy for your file.

XIV. PRACTICE NOTES FOR DELAWARE SUPERIOR COURT

A. Three Counties. Delaware Superior Court sits in New Castle County (Wilmington), Kent County (Dover), and Sussex County (Georgetown). The caption must identify the correct county.

B. Complex Commercial Litigation Division. Cases assigned to the CCLD are subject to expedited scheduling and heightened case management requirements. Stipulations modifying CCLD deadlines may require prior approval from the presiding CCLD judge.

C. Electronic Filing Mandate. Pursuant to Administrative Directive 2007-4, all civil filings in the Superior Court must be submitted electronically through File & ServeXpress unless an exemption is granted.

D. Rule 11 Signatures. Electronic signatures in the form "/s/ [Name]" are permitted for documents filed through File & ServeXpress. The filing attorney must obtain consent from all other signing attorneys before affixing their electronic signatures.

E. Scheduling Order Modifications. Under Del. Super. Ct. Civ. R. 16, modification of a scheduling order requires a showing of good cause. The stipulation should clearly articulate the reasons for any requested modification.

F. Discovery Stipulations. Under Del. Super. Ct. Civ. R. 29, parties may stipulate to modifications of discovery procedures without court approval, provided the stipulation does not affect discovery deadlines set by court order.

Sources and References

• Delaware Superior Court Civil Rules: https://courts.delaware.gov/rules/
• Delaware Superior Court e-Filing Information: https://courts.delaware.gov/superior/elitigation/tech_efile.aspx
• File & ServeXpress Delaware Procedures: https://www.fileandservexpress.com
• 10 Del. C. Ch. 5 (Superior Court Jurisdiction): https://delcode.delaware.gov/title10/c005/index.html
• Del. Super. Ct. Civ. R. 6(b) — Enlargement of Time
• Del. Super. Ct. Civ. R. 11 — Signing of Pleadings, Motions, and Other Papers
• Del. Super. Ct. Civ. R. 16 — Pre-Trial Procedure; Formulating Issues
• Del. Super. Ct. Civ. R. 29 — Stipulations Regarding Discovery Procedure
• Del. Super. Ct. Civ. R. 41 — Dismissal of Actions
• Del. Super. Ct. Civ. R. 107 — Alternative Dispute Resolution
• Administrative Directive 2007-4 (Mandatory Electronic Filing)