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

STIPULATION AND [PROPOSED] ORDER

Louisiana District Court -- General Civil Matters

CAPTION

[________________________________]
(Name of Filing Attorney)

Louisiana Bar Roll No. [________________________________]

[________________________________]
(Name of Law Firm)

[________________________________]
(Street Address)

[________________________________], Louisiana [____]
(City, State, ZIP)

Telephone: [________________________________]
Facsimile: [________________________________]
E-Mail: [________________________________]

Attorney for [________________________________]
(Party Name and Designation)

IN THE [________________________________] JUDICIAL DISTRICT COURT

PARISH OF [________________________________], STATE OF LOUISIANA

STIPULATION OF THE PARTIES

NOW INTO COURT, through undersigned counsel, come the parties to this litigation, who respectfully represent and stipulate as follows:

I. RECITALS AND PROCEDURAL BACKGROUND

1. This matter is pending before the [________________________________] Judicial District Court, Parish of [________________________________], Louisiana, bearing Docket No. [________________________________], Division "[____]."

2. The Court entered a Scheduling Order on [__/__/____] pursuant to La. Code Civ. Proc. art. 1551, establishing the following deadlines:

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

b. Expert report exchange deadline: [__/__/____]

c. Dispositive motion filing deadline: [__/__/____]

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

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

3. The parties have conferred in good faith regarding the matters addressed herein and have reached the following agreement, which they believe will promote the just, speedy, and efficient resolution of this matter.

4. [________________________________]
   (Brief description of the procedural posture and events giving rise to this stipulation, e.g., additional discovery needed, recently produced documents, new party joined, settlement discussions pending, etc.)

II. STIPULATED TERMS

The parties stipulate and agree to the following terms, subject to Court approval:

Term 1. [________________________________]
(e.g., "The deadline for completion of fact discovery is extended from [__/__/____] to [__/__/____].")

Term 2. [________________________________]
(e.g., "Expert reports pursuant to La. Code Civ. Proc. art. 1425(F) shall be exchanged no later than [__/__/____], and rebuttal expert reports shall be exchanged no later than [__/__/____].")

Term 3. [________________________________]
(e.g., "The pretrial conference currently set for [__/__/____] is continued to [__/__/____], subject to the Court's availability and approval.")

Term 4. [________________________________]
(e.g., "The dispositive motion deadline is extended to [__/__/____].")

Term 5. [________________________________]
(Additional stipulated terms as needed)

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

III. GOOD CAUSE AND AUTHORITY

5. This Stipulation is submitted pursuant to the following authority:

a. La. Code Civ. Proc. art. 1551, which authorizes the Court to issue and modify scheduling orders, including stipulations regarding material facts, exhibits, and discovery deadlines;

b. La. Code Civ. Proc. art. 1601, which provides for continuances upon a showing of good cause in the discretion of the Court;

c. La. Code Civ. Proc. art. 1436, which authorizes parties to modify discovery procedures by written stipulation;

d. La. Code Civ. Proc. art. 1916, which authorizes consent judgments upon agreement of the parties;

e. La. Dist. Ct. R. 25.0, which governs the form and presentation of stipulations and judgments in the district courts of Louisiana.

6. Good cause exists for the relief requested herein because:

☐ Additional time is needed to complete fact discovery due to [________________________________].

☐ The parties are engaged in good-faith settlement negotiations and require additional time to explore resolution.

☐ A new party has been joined, requiring additional time for discovery and motion practice.

☐ Recently produced documents require additional time for review and analysis.

☐ Expert analysis is ongoing and additional time is needed for completion of expert reports.

☐ Counsel's schedules present conflicts with the current deadlines due to [________________________________].

☐ Other: [________________________________].

7. The requested modification will not prejudice any party and will not require continuance of the trial date currently set for [__/__/____].
   (If the trial date IS affected, state so and provide justification.)

IV. RESERVATION OF RIGHTS

8. Except as expressly modified by this Stipulation, all prior orders of this Court remain in full force and effect, including but not limited to the Scheduling Order dated [__/__/____].

9. All parties reserve all rights, claims, defenses, and objections not expressly waived herein.

10. Nothing in this Stipulation shall be construed as an admission of liability, fault, or the merit or lack of merit of any claim or defense.

V. REQUEST FOR ORDER

11. WHEREFORE, the parties respectfully request that this Honorable Court:

a. Approve this Stipulation in its entirety;

b. Enter the [Proposed] Order attached hereto incorporating the terms set forth above; and

c. Grant such other and further relief as the Court deems just and proper.

SIGNATURES OF COUNSEL

Respectfully submitted:

[________________________________]
(Name of Law Firm)

By: [________________________________]
[________________________________]
(Printed Name of Attorney)
Louisiana Bar Roll No. [________________________________]
[________________________________]
(Street Address)
[________________________________], Louisiana [____]
Telephone: [________________________________]
E-Mail: [________________________________]

Counsel for Plaintiff, [________________________________]

Date: [__/__/____]

[________________________________]
(Name of Law Firm)

By: [________________________________]
[________________________________]
(Printed Name of Attorney)
Louisiana Bar Roll No. [________________________________]
[________________________________]
(Street Address)
[________________________________], Louisiana [____]
Telephone: [________________________________]
E-Mail: [________________________________]

Counsel for Defendant, [________________________________]

Date: [__/__/____]

[________________________________]
(Name of Law Firm -- Additional Party, if applicable)

By: [________________________________]
[________________________________]
(Printed Name of Attorney)
Louisiana Bar Roll No. [________________________________]
[________________________________]
(Street Address)
[________________________________], Louisiana [____]
Telephone: [________________________________]
E-Mail: [________________________________]

Counsel for [________________________________]
(Party Designation)

Date: [__/__/____]

[PROPOSED] ORDER

IN THE [________________________________] JUDICIAL DISTRICT COURT

PARISH OF [________________________________], STATE OF LOUISIANA

ORDER

CONSIDERING the foregoing Stipulation of the Parties, the record herein, and the law applicable;

CONSIDERING that good cause has been shown for the relief requested;

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

1. The Stipulation of the Parties filed herein is APPROVED and incorporated herein by reference as if set forth in full.

2. [________________________________]
   (Ordered Term 1, mirroring Stipulated Term 1)

3. [________________________________]
   (Ordered Term 2, mirroring Stipulated Term 2)

4. [________________________________]
   (Ordered Term 3, mirroring Stipulated Term 3)

5. [________________________________]
   (Ordered Term 4, mirroring Stipulated Term 4)

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

7. All other provisions of the Scheduling Order dated [__/__/____] shall remain in full force and effect unless modified by further order of this Court.

8. The parties shall comply with all deadlines established herein and shall promptly notify the Court of any inability to do so.

THUS DONE AND SIGNED at [________________________________], Louisiana, this [____] day of [________________________________], 20[____].

[________________________________]
JUDGE, DIVISION "[____]"
[________________________________] Judicial District Court
Parish of [________________________________], Louisiana

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a copy of the foregoing Stipulation and [Proposed] Order was served upon all counsel of record and all unrepresented parties by the following method(s):

☐ Electronic service through the Clerk of Court's electronic filing system to all registered counsel of record, in compliance with La. Code Civ. Proc. art. 1313(A).

☐ United States Mail, first class, postage prepaid, addressed to:

[________________________________]
[________________________________]
[________________________________]

☐ Hand delivery to:

[________________________________]
[________________________________]
[________________________________]

☐ Facsimile transmission to [________________________________] at [________________________________], with written consent on file.

☐ Electronic mail to [________________________________] at [________________________________], with written consent on file, pursuant to La. Code Civ. Proc. art. 1314.

☐ Certified mail, return receipt requested, addressed to:

[________________________________]
[________________________________]
[________________________________]

[________________________________]
(Signature)

[________________________________]
(Printed Name)
Louisiana Bar Roll No. [________________________________]

LOUISIANA-SPECIFIC PRACTICE NOTES

Court Structure and Filing

• Louisiana uses a parish-based judicial district system. District courts are organized into numbered judicial districts, each covering one or more parishes. The caption must identify the specific judicial district and parish.

• Louisiana district courts are divided into lettered divisions (e.g., Division "A," "B," "C"). The division assignment determines the presiding judge and must be included in the caption.

• Most Louisiana district courts now use electronic filing. Check with the specific parish clerk of court for electronic filing availability and requirements. Some parishes still require paper filing.

Stipulation Requirements Under Louisiana Law

• Written stipulations must be signed by all parties or their counsel of record and filed in the record. La. Dist. Ct. R. 25.0.

• Oral stipulations must be made in open court and dictated into the record. All parties and their counsel must be present when the stipulation is placed on the record, unless their presence is waived by the court. La. Dist. Ct. R. 25.0.

• Consent judgments under La. Code Civ. Proc. art. 1916 must be signed by the judge and have the force of things adjudged (res judicata).

• Scheduling modifications require good cause under La. Code Civ. Proc. art. 1551. The stipulation should explain why modification is necessary and whether the trial date is affected.

Judgment Presentation Rules

• Under La. Dist. Ct. R. 25.0, formal judgments based on stipulations shall be prepared and presented to opposing counsel within 15 days of rendition. The opposing party must sign the proposed judgment or object in writing within 15 days of delivery.

• Many judges require proposed orders in Microsoft Word format (not PDF) so the court can make modifications before signing.

• Louisiana uses the unique phrase "THUS DONE AND SIGNED" rather than "SO ORDERED" in the order block.

Service Requirements

• Service of pleadings after the original petition is governed by La. Code Civ. Proc. arts. 1313 and 1314.

• Art. 1313 permits service by mail, delivery, facsimile, or electronic means to the attorney of record (or the party if unrepresented).

• Art. 1314 specifies that service by electronic means requires written consent of the party to be served.

• Electronic filing systems that provide automatic notification to registered users may satisfy service requirements, but confirm with the specific parish clerk.

Louisiana-Specific Terminology

• Louisiana follows a civil law tradition. Use "Parish" instead of "County." Use "VERSUS" (spelled out) rather than "v." in captions.

• Louisiana attorneys are identified by "Bar Roll Number" rather than "Bar Number."

• The phrase "NOW INTO COURT" is the traditional Louisiana opening for pleadings and stipulations.

• Judgments traditionally begin with "CONSIDERING" clauses (similar to "WHEREAS" recitals) before the operative "IT IS HEREBY ORDERED" language.

Sources and References

• Louisiana Code of Civil Procedure, arts. 1313, 1314, 1425, 1436, 1551, 1601, 1602, 1911, 1916 -- available at Louisiana State Legislature
• Rules for Louisiana District Courts, Title IV, Appendix 25.0 (Judgments and Stipulations) -- available at Louisiana Supreme Court
• Rules for Louisiana District Courts (complete) -- available at Louisiana Supreme Court
• Louisiana Code of Civil Procedure (full text) -- available at Justia