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

STIPULATION AND PROPOSED ORDER

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________________________]

[________________________________],
Plaintiff,

v. Case No. [________________________________]

[________________________________],
Defendant.

ATTORNEY INFORMATION — FILING PARTY

STIPULATION OF THE PARTIES

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

I. RECITALS AND BACKGROUND

1. This civil action was commenced by the filing of a Complaint on [__/__/____] in the District Court of the [________________________________] Judicial District of the State of Idaho, in and for the County of [________________________________].

2. The Court entered a Scheduling Order on [__/__/____] (Docket No. [____]) pursuant to I.R.C.P. 16, establishing the following relevant deadlines:

a. Fact discovery cutoff: [__/__/____]

b. Expert disclosure deadline (I.R.C.P. 26(b)(4)): [__/__/____]

c. Rebuttal expert disclosure deadline: [__/__/____]

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

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

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

3. The parties have conferred in good faith 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 fact or expert discovery deadlines under the Court's Scheduling Order.

☐ Modification of Scheduling Order Deadlines — The parties seek to modify the Scheduling Order pursuant to I.R.C.P. 16(b)(4), upon a showing of good cause.

☐ 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, counterclaims, or parties pursuant to I.R.C.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 I.R.C.P. 29, the parties seek to modify standard discovery procedures by written stipulation.

☐ Expert Discovery Modification — The parties seek to modify expert discovery deadlines or procedures under I.R.C.P. 26(b)(4).

☐ 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 precision to be enforceable as a court order.

IV. GOOD CAUSE STATEMENT

Pursuant to I.R.C.P. 16(b)(4), a scheduling order may be modified only upon a showing of good cause. 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 [________________________________].

☐ The diligence of the parties in meeting prior deadlines supports the requested modification.

☐ 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 Idaho Rules of Civil Procedure and Court Rules:

1. I.R.C.P. 7(b) — Governs the form and presentation of motions and other papers. This Stipulation is submitted as a written agreement of the parties in lieu of contested motion practice.

2. I.R.C.P. 16 — Governs pretrial conferences, scheduling, and case management. The Court issues scheduling orders pursuant to Rule 16 that establish binding deadlines for discovery, motions, and trial.

3. I.R.C.P. 16(b)(4) — Provides that a scheduling order may be modified only for good cause and with the judge's consent. The parties' mutual agreement, combined with the reasons stated herein, establishes good cause for the requested modifications.

4. I.R.C.P. 26(b)(4) — Governs expert witness discovery. Any modifications to expert disclosure deadlines are subject to this rule.

5. I.R.C.P. 29 — Permits the parties, unless the court orders otherwise, to stipulate that a deposition may be taken before any person, at any time or place, on any notice, and in the manner specified. This rule also allows stipulations modifying other discovery procedures.

6. I.R.C.P. 41(a) — Authorizes voluntary dismissal of an action. If the stipulation involves dismissal of claims or parties, this rule governs whether dismissal is with or without prejudice.

7. I.R.C.P. 5(b) — Governs service of papers after the original complaint. Service of this Stipulation complies with the requirements of this rule.

8. Idaho Rules for Electronic Filing and Service (I.R.E.F.S.) — Governs electronic filing through the iCourt system. This Stipulation is filed in compliance with these rules.

9. Idaho Court Administrative Rules (I.C.A.R.) 32 — Governs court records and document format requirements, including requirements for electronically filed documents.

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, counterclaims, and cross-claims 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:

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

[________________________________] (Firm Name)

________________________________________
[________________________________]
ISB No. [________________________________]
[________________________________] (Street Address)
[________________________________], Idaho [____]
Telephone: [________________________________]
E-mail: [________________________________]
Attorneys for Plaintiff [________________________________]

FOR DEFENDANT:

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

[________________________________] (Firm Name)

________________________________________
[________________________________]
ISB No. [________________________________]
[________________________________] (Street Address)
[________________________________], Idaho [____]
Telephone: [________________________________]
E-mail: [________________________________]
Attorneys for Defendant [________________________________]

ADDITIONAL PARTY (if applicable):

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

[________________________________] (Firm Name)

________________________________________
[________________________________]
ISB No. [________________________________]
[________________________________] (Street Address)
[________________________________], Idaho [____]
Telephone: [________________________________]
E-mail: [________________________________]
Attorneys for [________________________________]

PRO SE PARTY (if applicable):

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

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

PROPOSED ORDER

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________________________]

[________________________________],
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 in the premises, hereby finds:

1. All parties have consented to the terms of the Stipulation through their attorneys of record or pro se appearances.

2. Good cause exists for the relief requested, as required by I.R.C.P. 16(b)(4).

3. The terms of the Stipulation are fair, reasonable, and consistent with the efficient administration of justice.

4. Entry of this Order will not unduly prejudice any party or third person.

IT IS HEREBY ORDERED 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.

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

________________________________________
Honorable [________________________________]
District Judge
[________________________________] Judicial District

CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I filed the foregoing Stipulation and Proposed Order via the Idaho iCourt Electronic Filing System, which automatically served all registered counsel of record.

Copies were additionally served on non-registered parties by the following method(s):

☐ iCourt Electronic Service — All registered counsel were served electronically through the iCourt system.

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

[________________________________]
[________________________________]
[________________________________]

☐ Personal Service — Hand delivered to:

[________________________________]
[________________________________]

☐ Facsimile — Transmitted to:

[________________________________] at [________________________________]

☐ E-mail — To:

[________________________________] at [________________________________]

☐ Other method (specify): [________________________________]

________________________________________
[________________________________]
ISB No. [________________________________]

IDAHO-SPECIFIC PRACTICE NOTES

A. Electronic Filing (iCourt) Requirements

1. Mandatory iCourt Filing. Under the Idaho Rules for Electronic Filing and Service (I.R.E.F.S.), electronic filing through iCourt is mandatory in all Idaho district courts. The stipulation and proposed order must be filed electronically.

2. Document Type Codes. Use the correct document type code when filing in iCourt. The stipulation should be filed under the appropriate stipulation document type. The proposed order should be uploaded as a separate attachment using the "Proposed Order" document type.

3. Document Format. File documents in PDF format. If the assigned judge requires an editable version of the proposed order pursuant to I.C.A.R. 32, also upload a Word document version.

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

5. Service on Non-Registered Parties. Parties not registered in iCourt must be served by conventional means (U.S. Mail, personal service, or other method) in accordance with I.R.C.P. 5(b). Document the method of service in the certificate of service.

B. Stipulation Practice in Idaho District Courts

6. Good Cause Standard Under I.R.C.P. 16(b)(4). Idaho follows the good cause standard for modification of scheduling orders. The party seeking modification must demonstrate that the scheduling order cannot reasonably be met despite the diligence of the party seeking the extension. When all parties stipulate, the court is more likely to find good cause, but the stipulation alone does not guarantee approval.

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. Stipulations Not Automatically Binding on Court. Idaho courts have held that stipulations regarding continuances and scheduling modifications are not automatically binding on the court. The court retains discretion to deny stipulated modifications if they would unduly delay proceedings or prejudice third parties.

9. 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 under I.R.C.P. 7(b).

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

11. Rule 29 Discovery Stipulations. Pursuant to I.R.C.P. 29, the parties may modify discovery procedures by written stipulation unless the court has ordered otherwise. However, modifications to court-ordered scheduling deadlines require a court order even if the parties agree.

C. Judicial District Considerations

12. Judicial District Administrative Orders. Idaho has seven judicial districts, each of which may have supplemental administrative orders or local rules regarding stipulations and proposed orders. Consult the local rules for the applicable judicial district.

13. Judge-Specific Preferences. Some Idaho district court judges maintain standing orders or chambers rules with specific formatting requirements for proposed orders. Contact the assigned judge's chambers to verify compliance.

D. Filing Checklist

☐ Stipulation signed by all parties or counsel of record

☐ Proposed order included as a separate document in iCourt

☐ Good cause statement articulated pursuant to I.R.C.P. 16(b)(4)

☐ Correct case number, judicial district, and county designation

☐ iCourt document type codes properly assigned

☐ Editable version of proposed order uploaded if required (I.C.A.R. 32)

☐ Non-iCourt parties served by conventional means (I.R.C.P. 5(b))

☐ Certificate of service completed with correct date and service methods

☐ Copy retained for client file

☐ Judicial district administrative orders reviewed for supplemental requirements

SOURCES AND REFERENCES

1. Idaho Rules of Civil Procedure (I.R.C.P.) — Full text available at the Idaho Supreme Court website: https://isc.idaho.gov/ircp-new
   - Rule 5(b): Service of Papers
   - Rule 7(b): Motions and Other Papers
   - Rule 16: Pretrial Conferences; Scheduling; Management
   - Rule 16(b)(4): Modification of Scheduling Orders
   - Rule 26(b)(4): Expert Discovery
   - Rule 29: Stipulations About Discovery Procedure
   - Rule 41: Dismissal of Actions

2. Idaho Rules for Electronic Filing and Service (I.R.E.F.S.) — https://isc.idaho.gov/irefs

3. Idaho Court Administrative Rules (I.C.A.R.) — Including Rule 32 on court records and document formatting: https://isc.idaho.gov/main/idaho-court-rules

4. Idaho Supreme Court — Recent Amendments — https://isc.idaho.gov/recent-amendments

5. iCourt Electronic Filing System — Resources and user guides available at: https://isc.idaho.gov

6. Local Judicial District Rules — Available through individual judicial district websites and the Idaho Supreme Court website

This template is designed for use in Idaho District Courts for general civil stipulations and proposed orders. It must be reviewed and customized by a licensed Idaho 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.