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

STIPULATION AND PROPOSED ORDER

Louisiana District Court — General Civil Matter

Use note: This form records an agreement between parties and requests any relief that requires court action. Under Louisiana District Court Rule 9.16, the court may recognize an agreement or stipulation between counsel concerning the conduct, trial, or continuance of a suit only when it is written and filed in the record, or made in open court and entered on the minutes. A stipulation requesting modification of a scheduling order, a court date, or other judicial relief does not itself modify the existing order; obtain the judge's signed order.

1. ATTORNEY REVIEW

Before filing, counsel should confirm:

• the agreement is accurately stated and signed by every participating counsel or self-represented party;
• the requested relief is permitted by the governing statute, existing scheduling order, and assigned judge's procedures;
• any proposed order presented after the ruling is circulated and certified under District Court Rule 9.5(b);
• service complies with Article 1313, including its special requirements when a pleading or order sets a court date; and
• confidential or protected information is omitted or handled as required by law and court rule.

Reviewed by: [ATTORNEY_NAME]
Louisiana Bar Roll No.: [BAR_ROLL_NUMBER]
Review date: [REVIEW_DATE]

2. CAPTION

[NUMBER] JUDICIAL DISTRICT COURT
PARISH OF [PARISH], STATE OF LOUISIANA

3. STIPULATION

NOW INTO COURT, through undersigned counsel or in proper person, come [PARTY_NAMES] (collectively, the “Parties”), who state:

1. This action is pending in the captioned court.

2. The Court entered [IDENTIFY_EXISTING_ORDER, IF ANY] on [DATE]. The provisions relevant to this stipulation are: [DESCRIBE_CURRENT_DEADLINES_OR_REQUIREMENTS].

3. The Parties agree as follows:

a. [STIPULATED_TERM_1]

b. [STIPULATED_TERM_2]

c. [STIPULATED_TERM_3]

4. The factual basis for the agreement and any requested court action is:

[STATE_SPECIFIC_FACTS, INCLUDING DILIGENCE, TIMING, AND EFFECT ON OTHER_DEADLINES]

5. The agreement affects the current trial date or another court date as follows:

☐ It does not change a court date.

☐ It requests that the Court reset [EVENT] from [CURRENT_DATE] to [REQUESTED_DATE], or to another date selected by the Court.

6. The agreement affects an existing pretrial or scheduling order as follows:

☐ It does not modify an existing court order.

☐ It requests modification of [IDENTIFY_ORDER_AND_PROVISION]. The requested modification is necessary to prevent manifest injustice because [SPECIFIC_FACTS].

7. If the agreement concerns discovery, identify its scope and limits:

[DESCRIBE_DISCOVERY_PROCEDURE, SUBJECT, DATES, AND ANY_COURT_ORDERED_LIMITS]

Article 1436 permits written stipulations modifying discovery procedures unless the court orders otherwise, but it expressly excepts Article 1425. Do not use this paragraph to alter an Article 1425 requirement or an existing court order without confirming that the court may and does approve the change.

8. If a continuance is requested, the applicable basis is:

☐ Article 1601 — good ground exists because [SPECIFIC_FACTS].

☐ Article 1602 — at the time the case is to be tried, despite due diligence, [MATERIAL_EVIDENCE] cannot be obtained, or [MATERIAL_WITNESS] has absented [HIMSELF/HERSELF] without the applicant's contrivance. State the materiality and due-diligence facts: [FACTS].

☐ Not applicable; no continuance is requested.

9. Except for the terms expressly approved by the Court, the Parties do not request modification of any other order, deadline, claim, defense, or objection.

10. The Parties therefore request that the Court sign the proposed order below, with any changes the Court considers appropriate.

4. SIGNATURES

AGREED:

Counsel for [PARTY_NAME]

[LAW_FIRM_NAME]
[STREET_ADDRESS]
[CITY], Louisiana [ZIP]
Telephone: [PHONE]
Email: [EMAIL]

By: __________________________________
[ATTORNEY_NAME]
Louisiana Bar Roll No. [BAR_ROLL_NUMBER]
Counsel for [PARTY_NAME]
Date: [DATE]

Counsel for [PARTY_NAME]

[LAW_FIRM_NAME]
[STREET_ADDRESS]
[CITY], Louisiana [ZIP]
Telephone: [PHONE]
Email: [EMAIL]

By: __________________________________
[ATTORNEY_NAME]
Louisiana Bar Roll No. [BAR_ROLL_NUMBER]
Counsel for [PARTY_NAME]
Date: [DATE]

Additional counsel or self-represented party

Signature: _____________________________
Printed name: [NAME]
Capacity / party represented: [CAPACITY_OR_PARTY]
Address: [ADDRESS]
Email: [EMAIL]
Telephone: [PHONE]
Date: [DATE]

5. PROPOSED ORDER

[NUMBER] JUDICIAL DISTRICT COURT
PARISH OF [PARISH], STATE OF LOUISIANA

ORDER

Considering the foregoing Stipulation, the record, and applicable law:

IT IS ORDERED that the requested relief is:

☐ GRANTED.

☐ GRANTED IN PART AND DENIED IN PART as follows: [TERMS].

☐ DENIED.

IT IS FURTHER ORDERED that:

1. [ORDERED_TERM_1]

2. [ORDERED_TERM_2]

3. [ORDERED_TERM_3]

All provisions of [IDENTIFY_EXISTING_ORDER] not expressly modified by this Order remain in effect.

THUS DONE AND SIGNED in [CITY], Louisiana, on ____________________, 20____.

DOCKET NO. [DOCKET_NUMBER] — [TITLE_OF_PLEADING_AT_ISSUE]

__________________________________
[JUDGE_NAME]
JUDGE, DIVISION “[DIVISION]”

Signature-page note: District Court Rule 9.5(c) requires the page containing the judge's signature line to reflect the docket number and the title or titles of the pleadings at issue.

6. RULE 9.5(b) CERTIFICATE

Complete this certificate when the proposed order is presented after the ruling. District Court Rule 9.5(b) requires the responsible attorney or self-represented party to circulate a later-presented proposed judgment, order, or ruling to all counsel and self-represented parties, allow at least five working days for comment before presentation to the court, and submit the prescribed certificate with it.

I certify that I circulated this proposed judgment/order to counsel for all parties and/or to self-represented parties by [METHOD_OF_DELIVERY] on [DATE], and that:

☐ No opposition was received; or

☐ The following opposition was received:

[DESCRIBE_NATURE_OF_OPPOSITION]

__________________________________
[SIGNATURE]

[TYPED_OR_PRINTED_NAME]
Attorney for [PARTY_NAME, IF_APPLICABLE]

7. CERTIFICATE OF SERVICE

I certify that on [SERVICE_DATE], I served the foregoing Stipulation and Proposed Order on all counsel of record and self-represented parties by the method shown below, and that the information stated in this certificate is accurate.

Check all that apply:

☐ Mail under Article 1313(A)(1).

☐ Delivery under Article 1313(A)(2).

☐ Electronic transmission to a number or address expressly designated in a pleading or other writing for receipt of electronic service under Article 1313(A)(4). I did not learn that the transmission failed to reach the recipient.

☐ This filing sets a court date. Service was made by a method authorized by Article 1313(C): [REGISTERED_OR_CERTIFIED_MAIL / ARTICLE_1314_SERVICE / QUALIFYING_COMMERCIAL_COURIER / EMAIL_TO_DESIGNATED_ADDRESS_WITH_ELECTRONIC_CONFIRMATION_OF_DELIVERY].

__________________________________
[SIGNATURE]

[TYPED_OR_PRINTED_NAME]
Louisiana Bar Roll No. [NUMBER, IF_APPLICABLE]

8. LOUISIANA PRACTICE NOTES

1. Filed or placed on the minutes. Rule 9.16 supplies the general statewide rule for agreements and stipulations concerning the conduct, trial, or continuance of a suit. A private agreement that is neither written and filed nor made in open court and entered on the minutes does not satisfy that rule.

2. Scheduling orders. Article 1551(B) provides that the pretrial or scheduling order controls the later course of the action unless the court modifies it to prevent manifest injustice. Use that standard when requesting a scheduling-order modification; a bare assertion of “good cause” does not state Article 1551(B)'s standard.

3. Discovery stipulations. Article 1436 is limited to discovery procedures, is subject to a contrary court order, and does not authorize the parties to modify Article 1425. It is not general authority for every stipulation.

4. Continuances. Article 1601 permits a continuance for good ground. Article 1602 requires a continuance only when its stated trial-time, material-evidence or absent-material-witness, due-diligence, and lack-of-contrivance conditions are met.

5. Compromise judgments. Article 1916(B) concerns a compromise agreement recited in open court and on a record capable of transcription. It is not general authority for every consent order. If the proposed disposition is a final judgment, Article 1911 generally requires the judge's signature before an appeal may be taken from it.

6. Later-presented orders. Rule 9.5(b)'s circulation period is at least five working days, not fifteen days. Rule 25.0 and Appendix 25.0 concern court-specific family-law judgment procedures; they are not the statewide general-civil stipulation rule.

7. Local review. Check the assigned judicial district's appendices, local rules, standing orders, clerk requirements, and filing system. Do not assume that every district accepts the same electronic-filing method or editable-file format.

9. OFFICIAL SOURCES

• La. Code Civ. Proc. art. 1313
• La. Code Civ. Proc. art. 1425
• La. Code Civ. Proc. art. 1436
• La. Code Civ. Proc. art. 1551
• La. Code Civ. Proc. art. 1601
• La. Code Civ. Proc. art. 1602
• La. Code Civ. Proc. art. 1911
• La. Code Civ. Proc. art. 1916
• Rules for Louisiana District Courts, Rules 9.5, 9.16, and 25.0