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

STIPULATION AND [PROPOSED] ORDER

Indiana Circuit / 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 court division.
3. Remove all practice notes and instructional text before filing.
4. File electronically through the Indiana Odyssey e-Filing system (mandatory statewide).
5. Have this document reviewed by qualified Indiana-licensed counsel before filing.

PART I — CAPTION AND ATTORNEY INFORMATION

IN THE [________________________________] COURT OF [________________________________] COUNTY
STATE OF INDIANA

Filing Attorney Information

PART II — STIPULATION

A. Recitals

Come now the parties, by and through their respective counsel of record, and hereby stipulate and agree as follows:

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

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

• Initial discovery exchange: [__/__/____]
• Fact discovery cutoff: [__/__/____]
• Expert disclosure deadline: [__/__/____]
• Dispositive motion deadline: [__/__/____]
• Mediation completion: [__/__/____]
• Final pretrial conference: [__/__/____]
• Trial date: [__/__/____]

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

4. Basis for Stipulation. The parties have conferred in good faith and agree that the following modifications are warranted because: [________________________________]
   (State the specific reasons justifying the stipulation. Indiana courts require a showing of good cause for modifications to case management orders under Trial Rule 16.)

B. Stipulated Terms

WHEREFORE, the parties stipulate and agree as follows:

Term 1. [________________________________]
(Example: "The deadline for completion of all fact discovery is extended from [__/__/____] to [__/__/____].")

Term 2. [________________________________]
(Example: "Expert disclosures under Ind. Trial Rule 26(B)(4) shall be exchanged by [__/__/____], which is an extension from the current deadline of [__/__/____].")

Term 3. [________________________________]
(Example: "The deadline for filing dispositive motions is extended from [__/__/____] to [__/__/____].")

Term 4. [________________________________]
(Example: "The parties shall complete mediation on or before [__/__/____] through [name of mediator or mediation service].")

Term 5. [________________________________]
(Example: "Depositions of the following witnesses shall be completed by [__/__/____]: [list witnesses].")

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

C. Authority and Good Cause

This Stipulation is entered into pursuant to the following authority:

• Ind. Trial Rule 29: Unless the court orders otherwise, the parties may by written stipulation modify the procedures governing or limitations placed on discovery. However, a stipulation extending the time for any form of discovery must have court approval if it would interfere with any time set for completion of discovery, for hearing of a motion, or for trial.

• Ind. Trial Rule 16: The court may, upon pretrial conference or upon motion, make an order modifying the case management plan. A party must authorize at least one of its attorneys to make stipulations and admissions about all matters that can reasonably be anticipated for discussion at a pretrial conference.

• Ind. Trial Rule 6(B): When an act is required to be done at or within a specific time by the Indiana Rules of Trial Procedure, the court may at any time for cause shown order the period enlarged, with or without motion or notice, if request therefor is made before the expiration of the period originally prescribed.

• Ind. Trial Rule 53.5: Upon motion of any party or upon its own motion, the court may order an issue or case submitted upon agreed facts or stipulations.

Good cause exists because: [________________________________]
(Provide specific factual support, e.g., complexity of the matter, volume of discovery, need for additional expert evaluation, 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 Case Management Order dated [__/__/____] remain in full force and effect.
2. All rights, claims, defenses, objections, and privileges of each party are expressly 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 additional or different relief from the Court.

E. Certifications

The parties represent and certify the following:

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

☐ The parties have conferred regarding the terms of this Stipulation as contemplated by Ind. Trial Rule 16.

☐ The proposed modifications will not materially prejudice any party or interfere with the Court's docket management.

☐ The Stipulation has been signed by all parties or their authorized counsel of record in compliance with Ind. Trial Rule 11(A).

☐ The undersigned attorneys are authorized to enter into this Stipulation on behalf of their respective clients.

F. Request for Entry of Order

The parties respectfully request that the Court approve the foregoing Stipulation, adopt its terms, and enter the accompanying [Proposed] Order.

PART III — SIGNATURES OF COUNSEL AND PARTIES

DATED: [__/__/____]

For Plaintiff:

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
Indiana Attorney No. [________________________________]
[________________________________] (Address)
[________________________________], Indiana [____]
Telephone: [________________________________]
Email: [________________________________]
Counsel for Plaintiff [________________________________]

For Defendant:

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
Indiana Attorney No. [________________________________]
[________________________________] (Address)
[________________________________], Indiana [____]
Telephone: [________________________________]
Email: [________________________________]
Counsel for Defendant [________________________________]

Additional Party (if applicable):

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
Indiana Attorney No. [________________________________]
Counsel for [________________________________]

Self-Represented Party Signature (if applicable):

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

PRACTICE NOTE: Under Ind. Trial Rule 11(A), the signature of an attorney or party constitutes a certificate that the person has read the pleading, motion, or other paper, that to the best of the person's knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law. Electronic signatures ("/s/ Name") are accepted for documents filed through the Indiana Odyssey e-Filing system.

PART IV — [PROPOSED] ORDER

IN THE [________________________________] COURT OF [________________________________] COUNTY
STATE OF INDIANA

The Court, having reviewed the parties' Stipulation filed herein, and being duly advised in the premises, now finds that:

1. The parties have entered into a written Stipulation dated [__/__/____].
2. The Stipulation is the product of good-faith negotiations between the parties.
3. Good cause has been shown for the relief requested.
4. The terms of the Stipulation are reasonable and will not unduly prejudice any party or the administration of justice.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED 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 Case Management 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 parties of record.

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

[________________________________]
Judge, [________________________________] Court
[________________________________] County, Indiana

PART V — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a copy of the foregoing Stipulation and [Proposed] Order was served upon the following by the methods indicated:

Via Indiana Odyssey E-Filing System (Automatic Electronic Service):

☐ [________________________________] (Attorney Name)
Attorney No. [________________________________]
Counsel for [________________________________] (Party Name)
Email: [________________________________]

☐ [________________________________] (Attorney Name)
Attorney No. [________________________________]
Counsel for [________________________________] (Party Name)
Email: [________________________________]

Via Alternative Service (for non-registered parties) per Ind. Trial Rule 5(B):

☐ [________________________________] (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)
Indiana Attorney No. [________________________________]

PART VI — INDIANA PRACTICE NOTES

A. Court Structure

Indiana's trial courts of general jurisdiction include:

• Circuit Courts — One per county (92 counties); the constitutional court of general jurisdiction.
• Superior Courts — Established by statute in many counties; concurrent jurisdiction with circuit courts in civil matters.
• Commercial Courts — Available in designated counties (Marion, Lake, Allen, St. Joseph, Vanderburgh, Hamilton) for complex business disputes under Ind. Administrative Rule 19.

B. 2026 Amendments to Indiana Trial Rules

The Indiana Supreme Court adopted significant amendments to the Trial Rules effective January 1, 2026, including:

• Trial Rule 26: Discovery scope amendments limiting boilerplate objections. Parties may no longer rely on a preamble of boilerplate objections in discovery responses.
• Trial Rule 4.14: Expanded service methods including social media, email, or other technology when prior attempts at service have been unsuccessful.
• Trial Rule 16: Enhanced case management conference requirements.

Practitioners should verify that all stipulated terms comply with the current version of the Trial Rules.

C. Electronic Filing Requirements (Odyssey System)

• Indiana Administrative Rule 16 mandates electronic filing through the Odyssey system for all Indiana trial courts.
• All registered attorneys must file electronically; self-represented litigants may file in paper with certain exceptions.
• When filing a stipulation:
• Select the correct filing code for "Stipulation" or "Agreed Entry"
• Upload the proposed order as a separate attachment
• Some judges require the proposed order in editable (.docx) format
• Service is automatic for all registered counsel upon filing

D. Trial Rule 29 — Stipulations Regarding Discovery

Under Trial Rule 29, the parties may by written stipulation:

1. Modify procedures governing discovery
2. Modify limitations placed on discovery
3. Extend time for discovery responses

Important limitation: A stipulation extending time for discovery must have court approval if it would interfere with any time set for completion of discovery, for hearing of a motion, or for trial.

E. Trial Rule 53.5 — Agreed Orders

Trial Rule 53.5 authorizes the court to order cases submitted upon agreed facts or stipulations. When parties present an agreed entry, the court is not obligated to adopt it but may enter the order if it finds the terms appropriate.

F. County-Specific Considerations

G. Service Requirements Under Trial Rule 5

Under Ind. Trial Rule 5(B), service of filings after the original complaint may be made by:

1. Electronic service through the Odyssey system (deemed complete upon transmission)
2. Delivering a copy to the person to be served
3. Mailing a copy to the person's last known address
4. Transmission by fax (with certain restrictions)
5. Service by electronic means approved by the Indiana Office of Judicial Administration

H. Signature Requirements Under Trial Rule 11(A)

Every pleading, motion, or other paper must be signed by at least one attorney of record or, if the party is not represented, by the party. The signature constitutes a certification that the signer has read the document and that it is well grounded in fact and warranted by existing law.

SOURCES AND REFERENCES

• Indiana Rules of Trial Procedure (current edition), available at: https://www.in.gov/courts/rules/trial_proc/
• Ind. Trial Rule 5 — Service and filing of pleadings
• Ind. Trial Rule 6(B) — Enlargement of time
• Ind. Trial Rule 11(A) — Signing of pleadings
• Ind. Trial Rule 16 — Pre-trial procedure; formulating issues
• Ind. Trial Rule 26 — General provisions governing discovery (as amended Jan. 1, 2026)
• Ind. Trial Rule 29 — Stipulations regarding discovery procedure
• Ind. Trial Rule 41 — Dismissal of actions
• Ind. Trial Rule 53.5 — Agreed orders
• Indiana Administrative Rule 16 — Electronic filing
• Indiana Administrative Rule 19 — Commercial Courts
• Indiana Odyssey E-Filing System: https://efiling.incourts.gov
• 2026 Amendments to Indiana Trial Rules: https://www.in.gov/courts/files/order-rules-2026-0121-trial.pdf
• Indiana Judicial Branch Rules of Court: https://www.in.gov/courts/publications/rules/