State Court Stipulation and Proposed Order (General Civil) - Massachusetts

STIPULATION AND [PROPOSED] ORDER

Massachusetts Superior Court — General Civil Matters

IMPORTANT INSTRUCTIONS

This template is designed for use when all parties to a Massachusetts 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. Under Massachusetts practice, stipulations are used to modify tracking order deadlines, adjust discovery procedures, continue hearings, memorialize settlement terms, and address a broad range of case management matters.

Massachusetts Superior Court actions are subject to Superior Court Standing Order 1-88, which establishes three case-management tracks: Fast (F), Average (A), and Accelerated (X). The order measures deadlines through resolution and judgment, with a 22-month standard for F, 36 months for A, and generally 12 months for X. A request to amend a tracking deadline requires a Rule 9A motion and good cause, whether or not the revised date stays within the track's outer limit. The order also permits the parties to stipulate to an individual track if all its deadlines fall no later than the applicable Part F deadlines.

Before Filing:

☐ Confirm all parties have reviewed and consent to the stipulated terms in writing

☐ Identify the assigned Track (F/A/X); for an amendment to a tracking deadline, prepare a Rule 9A motion showing good cause

☐ Review the assigned justice's session practices and any applicable Business Litigation Session (BLS) protocols if the case is assigned to BLS

☐ Determine whether the case is filed via eFileMA (the Massachusetts e-filing system) or through the clerk's office

☐ Confirm compliance with Mass. R. Civ. P. 7(b) if the stipulation is submitted with a motion

☐ Attach any referenced exhibits, prior tracking orders, or supporting declarations

☐ Prepare the proposed order as a separate document; confirm whether a Word version is required by the assigned justice's session

☐ For BLS cases: check BLS Standing Order for specific stipulation and scheduling requirements

SECTION 1: CASE CAPTION

COMMONWEALTH OF MASSACHUSETTS

[________________________________] COUNTY

SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT

(Select Session if applicable)

☐ Civil Session

☐ Business Litigation Session (BLS)

☐ Other: [________________________________]

Docket No.: [________________________________]

[________________________________],

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 Massachusetts Rules of Civil Procedure and Superior Court Standing Order 1-88, 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 Superior Court Department of the Trial Court, [________________________________] County.

2. The case is currently assigned to Track: ☐ F (Fast) ☐ A (Average) ☐ X (Accelerated) under Superior Court Standing Order 1-88.

3. The Court entered a Tracking Order on [__/__/____] and the following relevant prior orders: [________________________________]

4. The current Tracking Order governs the following deadlines:

• Service of Process Deadline: [__/__/____]
• Completion of Discovery: [__/__/____]
• Expert Discovery Deadline (if ordered): [__/__/____]
• Dispositive Motion Deadline: [__/__/____]
• Pre-Trial Conference: [__/__/____]
• Trial Assignment: [__/__/____]

5. The Parties have conferred in good faith and have agreed upon the terms set forth below.

6. 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: [________________________________]

Term 5: [________________________________]

(Add or remove terms as necessary)

3.3 Type of Stipulation

(Select all that apply)

☐ Scheduling / Tracking Order Modification — Extension or modification of deadlines set by the Court's Tracking Order under Superior Court Standing Order 1-88. The Parties represent that the requested modification ☐ is / ☐ is not within the maximum time standard for Track [____] and ☐ will not / ☐ will affect the trial assignment.

☐ Discovery Stipulation — Modification of discovery procedures or deadlines pursuant to Mass. R. Civ. P. 29 and Mass. R. Civ. P. 26. The Parties agree that: [________________________________]

☐ Continuance — The Parties jointly request that the hearing/conference/trial currently scheduled for [__/__/____] be continued to [__/__/____] or to the first available date thereafter, for the following reason: [________________________________]

☐ Dismissal — The Parties stipulate to the dismissal of this action ☐ with prejudice / ☐ without prejudice pursuant to Mass. R. Civ. P. 41(a)(1)(ii), each party to bear its own costs and attorney fees unless otherwise specified herein.

☐ Settlement Terms — The Parties have reached a settlement and request that the following terms be incorporated into a court order: [________________________________]

☐ Confidentiality / Protective Order — The Parties agree to the entry of a confidentiality or protective order governing [________________________________] pursuant to Mass. R. Civ. P. 26(c).

☐ Alternative Dispute Resolution — Under SJC Rule 1:18, the Parties agree to submit this matter to the following ADR process: ☐ Mediation ☐ Arbitration ☐ Other: [________________________________], to be completed by [__/__/____].

☐ Other — [________________________________]

3.4 Good Cause Statement

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

The Parties represent that this Stipulation is not interposed for delay. For any amendment to the Court's tracking order, the accompanying Rule 9A motion states the good cause required by Superior Court Standing Order 1-88, Part D.

3.5 Impact on Tracking Order and Trial Assignment

☐ This stipulation will not affect the trial assignment or other tracking deadlines beyond those specifically modified above.

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

3.6 Session-Specific Requirements

(Identify the applicable session and confirm compliance)

☐ Civil Session (General) — Standard Superior Court civil practice. Refer to Superior Court Standing Order 1-88 and the assigned justice's individual practices.

☐ Business Litigation Session (BLS) — Suffolk County — Applies to complex commercial cases. BLS Standing Orders govern scheduling, electronic filing, and motion practice. The BLS requires that stipulations and proposed orders conform to BLS formatting standards and be submitted with a courtesy copy to BLS Clerk. Visit https://www.mass.gov/bls for current BLS Standing Orders.

☐ Other Session: [________________________________] — Specific requirements: [________________________________]

3.7 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 expressly reserve all rights not specifically modified by this agreement.

3.8 Authority to Stipulate

Each undersigned attorney represents that he or she is duly licensed and in good standing with the Massachusetts Board of Bar Overseers, has full authority from his or her respective client to enter into this Stipulation, and has the authority to bind said client to the terms set forth herein.

3.9 Request for Court Approval

The Parties jointly and respectfully request that the Court adopt this Stipulation as its Order and enter the Proposed Order set forth in Section 5 below, pursuant to Mass. R. Civ. P. 7(b) and Superior Court Standing Order 1-88.

SECTION 4: SIGNATURE BLOCKS — PARTIES AND ATTORNEYS

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

Plaintiff's Counsel

By: _______________________________________________

[________________________________], Esquire

BBO No. [________________________________]

[________________________________] (Firm Name)

[________________________________] (Street Address)

[________________________________], Massachusetts [____]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Plaintiff [________________________________]

Defendant's Counsel

By: _______________________________________________

[________________________________], Esquire

BBO No. [________________________________]

[________________________________] (Firm Name)

[________________________________] (Street Address)

[________________________________], Massachusetts [____]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Defendant [________________________________]

Additional Party or Pro Se Party (if applicable)

By: _______________________________________________

[________________________________] (Printed Name)

BBO No. [________________________________] (if counsel)

[________________________________] (Firm or Address)

[________________________________], Massachusetts [____]

Telephone: [________________________________]

Email: [________________________________]

☐ Counsel for [________________________________] ☐ Pro Se Party — ☐ Plaintiff / ☐ Defendant

Additional Party Signatures

(Reproduce this block for each additional party as needed)

By: _______________________________________________

[________________________________], Esquire / Pro Se

BBO No. [________________________________] (if applicable)

Counsel for / Pro Se [________________________________]

SECTION 5: [PROPOSED] ORDER

COMMONWEALTH OF MASSACHUSETTS

[________________________________] COUNTY SUPERIOR COURT

Docket No.: [________________________________]

ORDER

After review of the Parties' Stipulation filed on [__/__/____], and, if this Order amends a tracking deadline, for good cause shown under Superior Court Standing Order 1-88, Part D, it is hereby:

ORDERED 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, except as specifically modified herein, the Tracking Order dated [__/__/____] and all other prior orders of this Court shall remain in full force and effect.

SO ORDERED.

_______________________________________________

Date: [__/__/____]

Honorable [________________________________]

Justice of the Superior Court

[________________________________] Session, [________________________________] County

SECTION 6: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing Stipulation and [Proposed] Order upon all counsel of record and parties via the method(s) checked below, in accordance with Mass. R. Civ. P. 5(b):

☐ eFileMA Electronic Filing — Service effected by the eFileMA system upon all registered counsel of record at their registered e-mail addresses. eFileMA is accessed at https://massachusetts.tylertech.cloud/OfsWeb/.

☐ First-Class U.S. Mail — A true and correct copy was placed in the United States mail, first-class postage prepaid, addressed as follows:

☐ Hand Delivery — A true and correct copy was delivered by hand to the following:

☐ Electronic Mail — A true and correct copy was sent to each recipient's service address under Mass. R. Civ. P. 5(b)(1). For any self-represented recipient, written consent to email service was obtained before sending (Rule 5(b)(1)(C)):

_______________________________________________

[________________________________], Esquire

BBO No. [________________________________]

Counsel for [________________________________]

SECTION 7: FILING AND PRACTICE CHECKLIST

Pre-Filing

☐ Obtain written confirmation of consent from all parties or their counsel

☐ Identify the current Track designation and confirm compliance with Superior Court Standing Order 1-88 time standards

☐ Review the assigned justice's individual session practices and any BLS Standing Orders (if applicable)

☐ Confirm eFileMA registration and account status for all filing attorneys

☐ Draft the stipulation with specificity identifying all deadlines being modified

☐ Prepare a proposed order as a separate document

☐ Confirm whether a Word version of the proposed order is required by the assigned session

Filing

☐ Access eFileMA at https://massachusetts.tylertech.cloud/OfsWeb/ and select the correct case and filing code

☐ Upload the Stipulation as the lead document in PDF format

☐ Attach the Proposed Order as a separate exhibit or document

☐ Attach all referenced exhibits, prior tracking orders, or supporting materials

☐ Submit a Word version of the proposed order to chambers if required by the session

☐ For BLS cases: submit courtesy copy to BLS Clerk per BLS Standing Orders

☐ Confirm successful submission and retain the eFileMA confirmation number

Post-Filing

☐ Verify that eFileMA electronic notification was sent to all registered counsel

☐ Serve any parties not registered with eFileMA by mail or other permitted method under Mass. R. Civ. P. 5(b)

☐ Calendar all new deadlines established by the stipulation

☐ Monitor the docket for entry of the Order

☐ Update the case management schedule and internal calendars upon entry of the Order

SECTION 8: MASSACHUSETTS-SPECIFIC PRACTICE NOTES

eFileMA Electronic Filing System

Massachusetts Superior Court civil matters are filed through eFileMA (Tyler Technologies Odyssey), accessible at https://massachusetts.tylertech.cloud/OfsWeb/. All Superior Courts with civil cases accept eFiling; the Trial Court’s current guidance does not identify Superior Court civil eFiling as mandatory. Filers choosing eFiling must register for eFileMA. Documents should be submitted in PDF format meeting court specifications.

Superior Court Standing Order 1-88 — Tracking System

Standing Order 1-88 establishes three tracks for Superior Court civil cases:

• Fast Track (F): resolution and judgment within 22 months from filing
• Average Track (A): resolution and judgment within 36 months from filing
• Accelerated Track (X): generally resolution and judgment within 12 months from filing, subject to earlier deadlines required by law

An amendment to a tracking deadline may be granted on a Rule 9A motion for good cause, with the Session Judge deciding the request. The parties may stipulate to an individual track without exceeding the applicable Part F deadlines. If the proposed schedule exceeds those deadlines, seek a court order rather than relying on the stipulation alone.

Business Litigation Session (BLS)

The BLS, located in Suffolk County Superior Court, handles complex commercial litigation. BLS has its own Standing Orders governing motion practice, scheduling, and electronic submission. BLS requires electronic filing through eFileMA and may require submission of proposed orders to the BLS Clerk in Word format. Consult current BLS Standing Orders at https://www.mass.gov/bls.

Mass. R. Civ. P. 29 — Stipulations on Discovery

Under Mass. R. Civ. P. 29, unless the court orders otherwise, the parties may by written stipulation modify discovery procedures, including methods, sequence, and timing. However, a stipulation extending the time for responding to discovery that would alter a court-imposed deadline requires court approval.

Mass. R. Civ. P. 41(a)(1)(ii) — Stipulated Dismissal

An action may be dismissed without order of court by filing a stipulation of dismissal signed by all parties who have appeared. Unless the stipulation states otherwise, that dismissal is without prejudice. Rule 41(a)(1)'s two-dismissal exception applies to a plaintiff's notice of dismissal, not to a stipulation signed by all appearing parties.

Mass. R. Civ. P. 26(b)(4) — Expert Discovery

Mass. R. Civ. P. 26(b)(4)(A)(i) allows a party to obtain the identity of an expected trial expert, the subject of expected testimony, the substance of facts and opinions, and a summary of grounds through interrogatories. Further expert discovery may require a court order under Rule 26(b)(4)(A)(ii). Rule 26(b)(4) does not itself require an expert report or automatic disclosure; use the court's actual scheduling order when changing an expert discovery deadline.

SJC Rule 1:18 — Uniform Rules on Dispute Resolution

SJC Rule 1:18 governs court-connected dispute resolution services. Parties may propose mediation or another ADR process in their stipulation, identifying the provider and completion deadline for the court's consideration.

G.L. c. 212, § 4 — Superior Court Jurisdiction

The Massachusetts Superior Court has general civil jurisdiction under G.L. c. 212, § 4. Under G.L. c. 212, § 3 and the SJC's order effective January 1, 2020, a money-damages action may proceed there only if there is no reasonable likelihood that the plaintiff's recovery will be $50,000 or less. This is a procedural amount requirement, not a statement that the Superior Court lacks original jurisdiction below that amount.

Sources and References

• Massachusetts Rules of Civil Procedure: Massachusetts Courts
• Superior Court Standing Order 1-88: Massachusetts Courts Standing Orders
• eFileMA Electronic Filing System: eFileMA
• Business Litigation Session Standing Orders: BLS — Massachusetts Courts
• SJC Rule 1:18 (Dispute Resolution): Uniform Rules on Dispute Resolution
• Massachusetts General Laws, Chapter 212: Massachusetts Legislature
• Massachusetts Board of Bar Overseers: BBO

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney before use. Laws and court rules change frequently; verify all citations and local requirements before filing.