State Court Stipulation and Order — Kentucky

STIPULATION AND [PROPOSED] ORDER

Commonwealth of Kentucky — Circuit Court — General Civil Matters

IMPORTANT INSTRUCTIONS

This template is designed for use when all parties to a Kentucky civil action have reached an agreement on one or more issues and wish to memorialize that agreement as a stipulation, submitted to the Court with a proposed order for judicial adoption. Stipulations are commonly used in Kentucky circuit court practice for scheduling modifications, discovery agreements, continuances, case management adjustments, settlement terms, and voluntary dismissals.

Kentucky circuit court civil practice is governed primarily by the Kentucky Rules of Civil Procedure (CR). The Circuit Court has general jurisdiction over civil matters pursuant to KRS 23A.010. Stipulations that require court approval — such as modifications to scheduling orders, continuances, and settlement orders — must be presented as a joint motion or stipulation with an attached proposed order and submitted through the KYeCourts electronic filing system where applicable.

Before Filing:

☐ Confirm all parties consent to the stipulated terms in writing

☐ Verify the assigned judge's standing orders and any local administrative orders for the judicial circuit

☐ Confirm compliance with CR 7.02 — motions must state the grounds and relief sought with particularity

☐ If modifying a scheduling order, confirm compliance with CR 16 and demonstrate good cause for the modification

☐ Confirm that KYeCourts registration is current for all attorneys of record

☐ Attach any referenced exhibits, prior scheduling orders, or declarations in support

☐ Prepare an editable Word version of the proposed order if required by chambers

☐ Include a Certificate of Service reflecting service on all parties per CR 5.02

☐ Verify whether the case is subject to any local circuit court rules that impose additional requirements for stipulated modifications

SECTION 1: CASE CAPTION

COMMONWEALTH OF KENTUCKY

[________________________________] CIRCUIT COURT

[________________________________] JUDICIAL CIRCUIT

(Select Court Level)

☐ Circuit Court (General Civil Jurisdiction — claims over $5,000 and all equitable matters per KRS 23A.010)

☐ District Court (Civil jurisdiction — claims up to $5,000 per KRS 24A.120)

Civil Action No.: [________________________________]

Division / Room: [________________________________]

Judge Assigned: [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

Defendant(s).

SECTION 2: PARTY AND ATTORNEY IDENTIFICATION

Plaintiff's Counsel

Defendant's Counsel

Additional Parties (if applicable)

SECTION 3: STIPULATION OF THE PARTIES

COME NOW Plaintiff [________________________________] ("Plaintiff") and Defendant [________________________________] ("Defendant") (collectively, the "Parties"), by and through their respective undersigned counsel of record, and pursuant to the Kentucky Rules of Civil Procedure, respectfully submit this Stipulation and jointly request that the Court enter the attached Proposed Order. In support thereof, the Parties state as follows:

3.1 Recitals and Background

1. This action was commenced on [__/__/____] by the filing of a Complaint in the [________________________________] Circuit Court, [________________________________] Judicial Circuit, Commonwealth of Kentucky, pursuant to KRS 23A.010.

2. The Court entered the following relevant Scheduling Order or prior order(s) on [__/__/____]: [________________________________].

3. The Parties have conferred in good faith and represent that the relief requested is supported by good cause pursuant to CR 6.02 and/or CR 16.

4. The current status of the case is as follows: [________________________________].

5. The basis for this Stipulation is as follows: [________________________________].

3.2 Stipulated Terms

The Parties hereby stipulate and agree to the following terms:

Term 1: [________________________________]

Term 2: [________________________________]

Term 3: [________________________________]

Term 4: [________________________________]

(Add or remove terms as necessary)

3.3 Type of Stipulation

(Select all that apply)

☐ Scheduling Modification — Extension or modification of deadlines set by the Court's Scheduling Order pursuant to CR 16. The Parties represent that good cause exists for the modification as follows: [________________________________]. The requested modification ☐ will not / ☐ will affect the trial date or other case management deadlines.

☐ Discovery Stipulation — Modification of discovery procedures or deadlines pursuant to CR 29. The Parties agree that: [________________________________]. Note: Under CR 29, parties may by written stipulation modify deposition procedures; however, extensions of time to respond to interrogatories (CR 33), requests for production (CR 34), or requests for admission (CR 36) that would interfere with court-set deadlines generally require court approval.

☐ Continuance — The Parties jointly request a continuance of the hearing/trial currently scheduled for [__/__/____] to the next available date or a date convenient to the Court. The Parties represent that this continuance is necessary because: [________________________________].

☐ Dismissal — The Parties stipulate to dismissal of this action ☐ with prejudice / ☐ without prejudice pursuant to CR 41.01(1)(b), which permits dismissal by stipulation signed by all parties who have appeared. Each party shall bear its own costs and attorney fees unless otherwise specified herein.

☐ Settlement Terms — The Parties have reached a settlement agreement and stipulate to the following terms being incorporated into a court order for enforcement purposes: [________________________________].

☐ Protective Order / Confidentiality — The Parties agree to the entry of a protective order governing [________________________________] pursuant to CR 26.03.

☐ Expert Witness Disclosure Modification — The Parties agree to modify the expert witness disclosure schedule under CR 26.02(4) as follows: Plaintiff's expert disclosures: [__/__/____]; Defendant's expert disclosures: [__/__/____]. Reason: [________________________________].

☐ Other — [________________________________]

3.4 Good Cause Statement

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

The Parties represent that they have been diligent in conducting this litigation and that the need for this stipulation arises from: [________________________________].

Under CR 6.02, the Court may enlarge the period within which an act required by the rules or by court order is to be done, provided (a) the request is made before the expiration of the original period, or (b) if made after expiration, upon a showing of excusable neglect. The Parties represent that ☐ this request is timely / ☐ the failure was the result of excusable neglect as follows: [________________________________].

3.5 Impact on Trial and Case Management

☐ This stipulation will not affect the current trial date or other pending deadlines.

☐ This stipulation will affect the following deadlines, and the Parties propose the following revised schedule:

3.6 Reservation of Rights

Nothing in this Stipulation shall be construed as a waiver of any claim, defense, right, or objection not expressly addressed herein. The Parties reserve all rights not specifically modified by this agreement.

3.7 Authority to Stipulate

Each undersigned attorney represents that he or she has full authority from his or her respective client to enter into this Stipulation and to bind said client to the terms set forth herein.

3.8 Request for Court Approval

The Parties jointly and respectfully request that the Court adopt this Stipulation as its Order pursuant to CR 58 and any applicable standing orders or local rules of the [________________________________] Judicial Circuit.

SECTION 4: SIGNATURE BLOCKS — PARTIES AND ATTORNEYS

RESPECTFULLY SUBMITTED this [____] day of [________________________________], 20[____].

Plaintiff's Counsel

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq.

KY Bar No. [________________________________]

[________________________________] (Street Address)

[________________________________], Kentucky [________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Plaintiff [________________________________]

Defendant's Counsel

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq.

KY Bar No. [________________________________]

[________________________________] (Street Address)

[________________________________], Kentucky [________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Defendant [________________________________]

Pro Se Party (if applicable)

_______________________________________________

[________________________________] (Printed Name)

[________________________________] (Street Address)

[________________________________], Kentucky [________]

Telephone: [________________________________]

Email: [________________________________]

Pro Se ☐ Plaintiff / ☐ Defendant

Additional Party Signatures

(Reproduce this block for each additional party)

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq. / Pro Se

KY Bar No. [________________________________] (if applicable)

Counsel for / Pro Se [________________________________]

SECTION 5: [PROPOSED] ORDER

COMMONWEALTH OF KENTUCKY

[________________________________] CIRCUIT COURT

[________________________________] JUDICIAL CIRCUIT

Civil Action No.: [________________________________]

ORDER

Upon consideration of the Parties' Joint Stipulation filed on [__/__/____], and the Court having reviewed the same and found good cause, it is hereby:

ORDERED, ADJUDGED, AND DECREED as follows:

1. The Parties' Stipulation is APPROVED and INCORPORATED herein by reference as if fully set forth.

2. [________________________________] (Restate Term 1 in operative order language)

3. [________________________________] (Restate Term 2 in operative order language)

4. [________________________________] (Restate Term 3 in operative order language)

5. [________________________________] (Additional terms as needed)

It is FURTHER ORDERED that all other deadlines, requirements, and provisions of prior orders of this Court shall remain in full force and effect unless specifically modified above.

The Clerk of Court is directed to serve a file-stamped copy of this Order on all parties of record through the KYeCourts electronic filing system or by mail where required.

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

_______________________________________________

Honorable [________________________________]

Judge, [________________________________] Circuit Court

[________________________________] Judicial Circuit, Commonwealth of Kentucky

SECTION 6: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I electronically filed the foregoing Stipulation and [Proposed] Order with the Clerk of Court using the KYeCourts electronic filing system, which will provide electronic service notification to the following registered counsel of record:

I further certify that a true and correct copy was served by the following method on parties not registered for KYeCourts, pursuant to CR 5.02:

☐ U.S. Mail, first-class postage prepaid, pursuant to CR 5.02(2)

☐ Hand delivery pursuant to CR 5.02(1)

☐ Facsimile pursuant to CR 5.02

☐ Electronic mail by written consent pursuant to CR 5.02

upon the following:

[________________________________] (Name)

[________________________________] (Address / Email / Fax)

_______________________________________________

[________________________________]

KY Bar No. [________________________________]

Counsel for [________________________________]

SECTION 7: FILING AND PRACTICE CHECKLIST

Pre-Filing

☐ Obtain written confirmation of consent from all parties or their counsel before drafting the stipulation

☐ Identify the controlling CR rule(s) authorizing the relief (e.g., CR 6.02, CR 16, CR 26.02(4), CR 29, CR 41.01, CR 58)

☐ Review the assigned judge's standing orders and any applicable local administrative orders for the judicial circuit

☐ Check the court's scheduling order for any provisions restricting modifications or requiring specific showings

☐ Confirm KYeCourts registration and good standing for all filing attorneys in the county where the case is pending

☐ Draft the proposed order in a format consistent with the judge's preferences; prepare an editable Word version if directed by chambers

☐ Verify compliance with any circuit-specific local rules governing joint motions and stipulated orders

Filing

☐ Log in to KYeCourts and select the correct case

☐ Upload the Stipulation as the lead document with the appropriate filing code

☐ Attach the Proposed Order as a separate document

☐ Attach any supporting exhibits, declarations, or prior orders referenced in the stipulation

☐ Pay any applicable filing fees

☐ Confirm the filing is accepted and note the confirmation number

Post-Filing

☐ Verify KYeCourts service notifications were transmitted to all registered counsel

☐ Serve non-KYeCourts participants by mail or other authorized method under CR 5.02

☐ Complete the Certificate of Service and retain a copy

☐ Calendar any new deadlines set by the stipulation

☐ Monitor KYeCourts for the Court's ruling on the Proposed Order

☐ Upon entry of the Order, update the case management schedule and notify the client

SECTION 8: KENTUCKY-SPECIFIC PRACTICE NOTES

KYeCourts Electronic Filing System

Kentucky has implemented the KYeCourts electronic filing system for circuit courts in counties that have been designated as e-filing counties. All documents must be submitted in PDF format. Attorneys must be registered users. Where e-filing has been mandated, all counsel must use KYeCourts for all filings. Check the Kentucky Court of Justice website (kycourts.gov) for the current list of participating counties and updated filing procedures.

CR 29 — Stipulations Regarding Discovery Procedure

Under CR 29, the parties may, by written stipulation, modify discovery procedures including the manner, time, and place of depositions. Parties may also modify procedures governing other discovery methods. However, any stipulation that would extend the time for responding to discovery in a manner that conflicts with a court-issued scheduling order deadline will generally require a court order. Practitioners should distinguish between stipulations regarding discovery procedures (permissible under CR 29) and extensions of scheduling order deadlines (requiring court approval under CR 16 and CR 6.02).

CR 16 — Pretrial Procedure; Scheduling

Kentucky circuit courts routinely issue scheduling orders under CR 16 that govern discovery, expert disclosures, dispositive motions, and trial dates. Modification of a scheduling order requires a showing of good cause. The Parties should specifically identify the scheduling order provision(s) being modified and the reason good cause exists. Trial date modifications typically require the Court's express approval and may require compliance with local circuit rules.

CR 41.01 — Voluntary Dismissal

Under CR 41.01(1)(b), an action may be dismissed without a court order by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless the stipulation states otherwise, a dismissal under CR 41.01 is without prejudice. A second notice of dismissal operates as an adjudication on the merits. If costs or attorney fees are at issue, address them expressly in the stipulation.

CR 6.02 — Enlargement of Time

Under CR 6.02, the court may enlarge the period within which any act required by the rules or a court order is to be done: (a) with or without motion if the request is made before expiration of the original period, or (b) upon motion made after the expiration of the period, where the failure to act was the result of excusable neglect. Stipulations requesting extensions of court-imposed deadlines should cite CR 6.02 and articulate the specific cause or excusable neglect basis.

CR 26.02(4) — Expert Witness Disclosures

Under CR 26.02(4), a party may discover facts known and opinions held by experts retained for trial preparation. Expert witness disclosure deadlines are typically established in the scheduling order. Any modification of expert disclosure deadlines requires court approval when the scheduling order establishes those deadlines. The stipulation should expressly address whether the modification of expert disclosure deadlines affects the trial date.

CR 58 — Entry of Judgment and Orders

Under CR 58, every judgment shall be set forth on a separate document. The date of entry of the order begins the running of appeal deadlines and post-judgment motion time periods. It is important to track the actual date the order is entered on the docket.

Sources and References

• Kentucky Rules of Civil Procedure (complete text): Kentucky Court of Justice — Rules of Practice
• KYeCourts Electronic Filing System: kycourts.gov/eCourts
• KRS 23A.010 — Circuit Court Jurisdiction: Kentucky Revised Statutes
• Kentucky Supreme Court Administrative Orders: kycourts.gov
• Rules for eFiling — Kentucky Court of Justice: ehelp.kycourts.net
• Kentucky Circuit Court Clerks' Manual (2026): kycourts.gov

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney before use.