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

STIPULATION AND [PROPOSED] ORDER

Kansas District 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 judicial district.
3. Remove all practice notes and instructional text before filing.
4. File electronically through the Kansas eCourt system where available.
5. Have this document reviewed by qualified Kansas-licensed counsel before filing.

PART I — CAPTION AND ATTORNEY INFORMATION

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

Division: [________________________________]

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 [________________________________], Kansas Supreme Court Registration No. [________________________________]. Defendant [________________________________] ("Defendant") is represented by [________________________________] of [________________________________], Kansas Supreme Court Registration No. [________________________________].

2. Procedural History. This action was commenced by the filing of the Petition on [__/__/____]. Defendant filed an Answer on [__/__/____]. The Court conducted a case management conference pursuant to K.S.A. 60-216 on [__/__/____] and entered a Scheduling Order on [__/__/____], establishing the following deadlines:

• Fact discovery cutoff: [__/__/____]
• Expert disclosure deadline: [__/__/____]
• Expert discovery cutoff: [__/__/____]
• Dispositive motion deadline: [__/__/____]
• Pretrial conference: [__/__/____]
• Trial date: [__/__/____]

3. Current Status. [________________________________]
   (Describe the current posture of the case, including discovery completed, depositions taken, motions filed or 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 necessary and appropriate because: [________________________________]
   (State the specific reasons justifying the stipulation. Kansas courts require good cause for modifications to scheduling orders under K.S.A. 60-216(b)(4).)

PRACTICE NOTE: Under K.S.A. 60-216, a party must authorize at least one of its attorneys to make stipulations and admissions about all matters that can be reasonably anticipated for discussion at a pretrial conference. Ensure the signing attorney has such authority.

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 pursuant to K.S.A. 60-226(b)(6) shall be exchanged by [__/__/____], which is an extension from the current deadline of [__/__/____].")

Term 3. [________________________________]
(Example: "The deadline for filing dispositive motions under K.S.A. 60-256 is extended from [__/__/____] to [__/__/____].")

Term 4. [________________________________]
(Example: "All discovery motions must be filed by [__/__/____].")

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:

• K.S.A. 60-229: Unless the court orders otherwise, the parties may stipulate in writing to modify procedures governing or limitations placed on discovery. A stipulation extending time for discovery beyond court-set deadlines requires court approval.

• K.S.A. 60-216(b): The court shall issue a scheduling order after receiving the parties' report or after consulting with their attorneys and any unrepresented parties at a scheduling conference. A scheduling order shall not be modified except by leave of the court upon a showing of good cause.

• K.S.A. 60-206(b): When an act may or must be done within a specified period, the court may, for good cause, extend the time with or without motion or notice if the court acts before the original time expires, or on motion made after the time has expired if the party failed to act because of excusable neglect.

• Kansas Supreme Court Rule 140: Case management procedures require courts to manage civil cases actively through scheduling conferences and orders.

Good cause exists because: [________________________________]
(Provide specific factual support, e.g., complexity of issues, volume of documents to review, 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 and provisions of the Court's Scheduling 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 undue delay.

☐ The parties have conferred regarding the terms of this Stipulation.

☐ Each attorney signing this Stipulation is authorized to bind his or her respective client as contemplated by K.S.A. 60-216.

☐ 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.

☐ The stipulated extension of discovery deadlines, if any, will not interfere with the trial date or other critical deadlines, or the parties request adjustment of such deadlines as specified above.

F. Request for Entry of Order

The parties respectfully request that this 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)
Kansas Supreme Court Reg. No. [________________________________]
[________________________________] (Address)
[________________________________], Kansas [____]
Telephone: [________________________________]
Email: [________________________________]
Counsel for Plaintiff [________________________________]

For Defendant:

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
Kansas Supreme Court Reg. No. [________________________________]
[________________________________] (Address)
[________________________________], Kansas [____]
Telephone: [________________________________]
Email: [________________________________]
Counsel for Defendant [________________________________]

Additional Party (if applicable):

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
Kansas Supreme Court Reg. No. [________________________________]
Counsel for [________________________________]

Self-Represented Party Signature (if applicable):

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

PRACTICE NOTE: Under Kansas Supreme Court Rule 111, electronic signatures ("/s/ Name") are acceptable for documents filed through the Kansas eCourt system. The signature constitutes a certification under K.S.A. 60-211 that the signer has read the document and that it is well grounded in fact and warranted by existing law.

PART IV — [PROPOSED] ORDER

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

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

1. The parties have entered into a written Stipulation dated [__/__/____].
2. Good cause has been shown for the relief requested.
3. The terms of the Stipulation are reasonable and consistent with the efficient administration of justice.
4. The modifications requested will not unduly prejudice any party.

IT IS THEREFORE BY THE COURT 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 District Court shall serve copies of this Order on all parties of record.

IT IS SO ORDERED.

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

[________________________________]
Judge of the District Court
[________________________________] Judicial District

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 Kansas eCourt Electronic Filing and Service:

☐ [________________________________] (Attorney Name)
Kansas Sup. Ct. Reg. No. [________________________________]
Counsel for [________________________________] (Party Name)
Email: [________________________________]

☐ [________________________________] (Attorney Name)
Kansas Sup. Ct. Reg. No. [________________________________]
Counsel for [________________________________] (Party Name)
Email: [________________________________]

Via Alternative Service (for non-eCourt participants) per K.S.A. 60-205(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)
Kansas Supreme Court Reg. No. [________________________________]

PART VI — KANSAS PRACTICE NOTES

A. Court Structure

Kansas has 31 judicial districts, each with a District Court that serves as the court of general jurisdiction. Key features:

• District Courts are the sole trial courts of general jurisdiction in Kansas (there are no separate circuit or superior courts).
• Each district may have multiple divisions (e.g., Civil, Criminal, Domestic, Juvenile).
• Kansas uses a "Petition" rather than a "Complaint" to initiate civil actions under K.S.A. 60-208.
• The Kansas Judicial Council provides official Chapter 60 civil forms at https://www.kjc.ks.gov.

B. Case Management Under K.S.A. 60-216

K.S.A. 60-216 governs pretrial conferences and case management:

• The court must conduct a case management conference as soon as possible and within 45 days after the filing of an answer.
• The court must issue a scheduling order after the case management conference or after receiving the parties' report.
• The scheduling order must include:
• Limits on time to join other parties, amend pleadings, complete discovery, and file motions
• Dates for pretrial conferences and trial
• Any other appropriate matters
• Modification standard: A scheduling order shall not be modified except by leave of the court upon a showing of good cause (K.S.A. 60-216(b)(4)).

C. Stipulations Under K.S.A. 60-229

K.S.A. 60-229 permits parties to stipulate in writing to modify discovery procedures or limitations, unless the court orders otherwise. Key rules:

• Stipulations extending discovery beyond court-set deadlines require court approval.
• Stipulations may alter the manner of taking depositions, the timing of discovery responses, and similar procedural matters.
• The stipulation must be in writing and signed by all affected parties.

D. Kansas eCourt Electronic Filing

• Kansas has implemented the eCourt electronic filing system across all 31 judicial districts.
• Electronic filing is mandatory for attorneys in most districts under Kansas Supreme Court Rule 111.
• When filing a stipulation:
• Select the document type "Stipulation" or "Joint Stipulation"
• Upload the proposed order as a separate attachment
• Some judges require the proposed order in editable (.docx) format
• Electronic service is automatic for all registered counsel

E. Kansas Supreme Court Rule 133

Kansas Supreme Court Rule 133 governs memoranda and arguments on motions:

• A motion must include or be accompanied by a brief statement of the legal authority supporting the relief sought.
• If the stipulation modifies a scheduling order, include a brief statement of good cause in the body of the stipulation rather than filing a separate memorandum.

F. Judicial District-Specific Considerations

G. Service Requirements Under K.S.A. 60-205

Under K.S.A. 60-205(b), service after the original petition may be made by:

1. Electronic filing and service through the eCourt system
2. Delivering a copy to the person to be served
3. Mailing a copy to the person's last known address
4. Leaving a copy at the person's office with a clerk or person in charge
5. Any other method agreed to in writing by the parties

H. Filing Fees

Stipulations generally do not require a separate filing fee beyond the initial case filing fee. However, if the stipulation includes a request for dismissal (K.S.A. 60-241), verify whether additional fees apply in the specific judicial district.

SOURCES AND REFERENCES

• Kansas Statutes Annotated, Chapter 60 — Procedure, Civil: https://ksrevisor.gov/statutes/ksa_ch60.html
• K.S.A. 60-205 — Service and filing of pleadings and other papers
• K.S.A. 60-206(b) — Computation and extension of time
• K.S.A. 60-211 — Signing of pleadings
• K.S.A. 60-216 — Pretrial conferences; case management conference
• K.S.A. 60-226 — General provisions governing discovery
• K.S.A. 60-229 — Stipulations about discovery procedure
• K.S.A. 60-241 — Dismissal of actions
• K.S.A. 60-256 — Summary judgment
• Kansas Supreme Court Rule 111 — Electronic filing
• Kansas Supreme Court Rule 133 — Memorandum and argument on motion
• Kansas Supreme Court Rule 140 — Case management
• Kansas Judicial Council Civil Forms: https://www.kjc.ks.gov/legal-forms/chapter-60-civil-actions
• Kansas Courts Rules and Orders: https://kscourts.gov/Rules-Orders/Rules