STIPULATION AND [PROPOSED] ORDER

(Massachusetts Superior Court – General Civil Matters)

[// GUIDANCE: Provide background sufficient to demonstrate good cause. If modifying a tracking order, identify the current track and confirm the extension does not exceed the maximum permitted without court approval.]

1. CAPTION

text
[ATTORNEY OR SELF-REPRESENTED PARTY]
Name: [NAME] (BBO No. [NUMBER])
Firm: [LAW FIRM NAME]
Address: [STREET ADDRESS]
City, State ZIP: [CITY], Massachusetts [ZIP]
Telephone: [TEL] | Facsimile: [FAX]
E-Mail: [EMAIL]

Attorney for [PARTY NAME]

COMMONWEALTH OF MASSACHUSETTS
[COUNTY] COUNTY
SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT

DOCKET NO. [CASE NUMBER]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

2. STIPULATION

The Parties, through their undersigned counsel, stipulate and agree as follows:

1. Background.
   - The Court issued a Tracking Order (Track [TRACK]) on [DATE].
   - [Summarize relevant deadlines and procedural history].

2. Stipulated Terms.
   a. [TERM 1: e.g., “Fact discovery shall be completed by [DATE], extending the current deadline by [NUMBER] days.”]
   b. [TERM 2: e.g., “Expert disclosures pursuant to Mass. R. Civ. P. 26(b)(4) shall be served by [DATE].”]
   c. [TERM 3: e.g., “The dispositive motion deadline is extended to [DATE], with hearing to be scheduled by the session clerk.”]
   d. [Additional terms as needed].

3. Authority. This stipulation is made pursuant to Mass. R. Civ. P. 7(b) and 16(b), Superior Court Standing Order 1-88, and good cause exists because [JUSTIFICATION].

4. Reservation. All other provisions of the Tracking Order remain in effect unless expressly modified herein.

5. Request for Order. The Parties jointly request that the Court adopt this stipulation as an order of the Court.

3. SIGNATURES

text
Respectfully submitted,

[LAW FIRM NAME]
By: _____
[ATTORNEY NAME]
BBO No. [NUMBER]
Counsel for [PLAINTIFF]
Date: __

[SECOND LAW FIRM NAME]
By: _____
[ATTORNEY NAME]
BBO No. [NUMBER]
Counsel for [DEFENDANT]
Date: __

[// GUIDANCE: Include additional signature lines for all parties. Electronic signatures (“/s/ Name”) are accepted via eFileMA.]

4. [PROPOSED] ORDER

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After review of the Parties’ Stipulation and for good cause shown, it is ORDERED that:

1. The Stipulation is APPROVED and incorporated herein.
2. [ORDERED TERM 1].
3. [ORDERED TERM 2].
4. [ORDERED TERM 3 / ADDITIONAL RELIEF].

All other provisions of the Tracking Order dated [DATE] remain in effect.

So ordered.

DATED: _____ _______
Justice of the Superior Court
[// GUIDANCE: Include the session designation (e.g., “BUSINESS LITIGATION SESSION”) beneath the signature if applicable.]

5. CERTIFICATE OF SERVICE

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I hereby certify that on [DATE], I served the foregoing Stipulation and [Proposed] Order via eFileMA on all counsel of record. Copies were served by [MAIL / EMAIL] on any non-registered parties:

[NAME]
[ADDRESS / EMAIL]

[NAME OF DECLARANT]
BBO No. [NUMBER]
[// GUIDANCE: Modify service description to reflect actual method consistent with Mass. R. Civ. P. 5(b).]

6. FILING & SERVICE CHECKLIST

• Cite Massachusetts authority. Reference the Mass. R. Civ. P. (e.g., Rules 6(b), 16, 29, 41) or Superior Court Standing Orders that authorize the requested stipulation.
• Follow eFileMA standards. Select the correct document type, upload supporting exhibits, and provide an editable Word order if required by the session or clerk (e.g., Business Litigation Session protocols).
• Serve non-eFileMA parties. Deliver copies via mail or email to litigants not registered for eFileMA, noting compliance with Mass. R. Civ. P. 5(b).