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

STIPULATION AND [PROPOSED] ORDER

Circuit Court for [________________________________] County, Maryland

General Civil Matter

PART I: CASE CAPTION AND ATTORNEY INFORMATION

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

Case No.: [________________________________]

Case Track: ☐ Standard ☐ Business & Technology ☐ Expedited ☐ Other: [____]

[________________________________] [________________________________],

Plaintiff(s),

v.

[________________________________] [________________________________],

Defendant(s).

STIPULATION AND [PROPOSED] ORDER

Filing Attorney Information

Name: [________________________________]

Client Protection Fund (CPF) No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Maryland [____]

Telephone: [________________________________]

Facsimile: [________________________________]

E-Mail: [________________________________]

Attorney for: ☐ Plaintiff(s) ☐ Defendant(s) ☐ Third-Party [____]: [________________________________]

PART II: RECITALS AND CASE BACKGROUND

COME NOW the undersigned parties, by and through their respective counsel of record, and hereby stipulate and agree to the following terms, and jointly request that the Court enter the Proposed Order set forth below. In support of this Stipulation, the parties state as follows:

A. Procedural History

1. This action was commenced by the filing of a Complaint on [__/__/____].

2. Defendant(s) filed an Answer on [__/__/____].

3. The Court entered a Scheduling Order pursuant to Maryland Rule 2-504 on [__/__/____], which established the following deadlines:

a. Discovery completion: [__/__/____]

b. Expert disclosures: [__/__/____]

c. Dispositive motions: [__/__/____]

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

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

4. ☐ A Case Management Conference was held on [__/__/____] pursuant to Maryland Rule 2-504.1.

5. ☐ The case has been assigned to the Business and Technology Case Management Program pursuant to Maryland Rule 16-308.

6. ☐ Alternative Dispute Resolution has been: ☐ Completed ☐ Scheduled for [__/__/____] ☐ Not yet scheduled.

B. Basis for Stipulation

7. The parties have conferred and agree that the relief described below is appropriate for the following reasons:

[________________________________]

[________________________________]

[________________________________]

8. ☐ This Stipulation does not affect the trial date.

☐ This Stipulation requires modification of the trial date for the following reasons: [________________________________]

9. No party or non-party will be prejudiced by entry of this Stipulation.

PART III: STIPULATED TERMS

The parties hereby stipulate and agree to the following terms:

Term 1

[________________________________]

[________________________________]

[________________________________]

Term 2

[________________________________]

[________________________________]

[________________________________]

Term 3

[________________________________]

[________________________________]

[________________________________]

Term 4

[________________________________]

[________________________________]

[________________________________]

Additional Terms (if applicable):

[________________________________]

[________________________________]

Sample Stipulated Terms (Select and Modify as Applicable)

☐ Discovery Extension. The deadline for completion of all discovery is extended from [__/__/____] to [__/__/____]. All discovery requests must be served with sufficient time for responses to be due before the new deadline. This extension is necessitated by: [________________________________].

☐ Expert Disclosure Extension. Expert disclosures pursuant to Maryland Rule 2-402(g)(1) shall be served by [__/__/____] (previously [__/__/____]). Rebuttal expert disclosures shall be served by [__/__/____].

☐ Dispositive Motion Deadline Extension. The deadline for filing dispositive motions is extended from [__/__/____] to [__/__/____].

☐ Amendment of Pleadings. Plaintiff/Defendant shall have leave to file an Amended [Complaint/Answer/Counterclaim] on or before [__/__/____]. The opposing party shall have [____] days from service to respond.

☐ Continuance of Trial Date. The trial date currently set for [__/__/____] is continued to [__/__/____], or to the first available trial date after [__/__/____], pursuant to Maryland Rule 2-508.

☐ Dismissal of Claims/Parties. The following claims/parties are dismissed ☐ with prejudice ☐ without prejudice pursuant to Maryland Rule 2-506: [________________________________].

☐ Settlement Terms. The parties have reached a settlement in principle. The case shall be placed on the inactive calendar for [____] days to allow for execution of a settlement agreement. If settlement is not consummated by [__/__/____], any party may request that the case be restored to the active calendar.

☐ Protective Order Provisions. The parties agree to the entry of a protective order governing confidential discovery materials in substantially the form attached hereto as Exhibit [____].

☐ Consolidation/Severance. This case shall be ☐ consolidated with ☐ severed from Case No. [________________________________] for purposes of ☐ discovery ☐ trial ☐ all purposes.

☐ ADR Scheduling. The parties shall participate in ☐ mediation ☐ settlement conference ☐ arbitration on or before [__/__/____], using [________________________________] as the neutral.

☐ Other. [________________________________]

PART IV: AUTHORITY AND GOOD CAUSE

A. Governing Rules

This Stipulation is submitted pursuant to the following Maryland Rules:

• Maryland Rule 2-504 (Scheduling Order) and Rule 2-504.2 (Modification), which provide that a scheduling order may be modified only for good cause shown and with leave of court.

• Maryland Rule 2-311 (Motions), governing the form and procedure for all motions, including stipulated motions.

• Maryland Rule 1-204 (Continuances and Postponements), which requires good cause for any continuance of a scheduled event.

• Maryland Rule 2-508 (Continuances), providing that a trial or hearing may be continued upon stipulation of the parties with court approval.

• Maryland Rule 2-506 (Voluntary Dismissal), if applicable to dismissal terms herein.

• Maryland Rule 2-401 through 2-434 (Discovery Rules), to the extent discovery modifications are requested.

B. Good Cause Statement

Good cause exists for the entry of this Stipulation because:

1. [________________________________]

2. [________________________________]

3. [________________________________]

The requested relief will promote the just, efficient, and economical determination of this action, consistent with the purposes of Maryland Rule 1-201.

PART V: RESERVATION OF RIGHTS

1. Except as expressly set forth in this Stipulation, all provisions of the Scheduling Order dated [__/__/____] remain in full force and effect.

2. Nothing in this Stipulation shall be deemed a waiver of any claim, defense, objection, or privilege of any party.

3. Each party reserves the right to seek such further relief as may be appropriate in the event of a material change in circumstances.

4. This Stipulation shall not be construed as an admission of liability, fault, or wrongdoing by any party.

5. The parties reserve the right to seek modification of this Stipulation upon a showing of good cause.

PART VI: CONFIDENTIALITY PROVISIONS

☐ Not applicable — No confidentiality provisions are included in this Stipulation.

☐ Applicable — The following confidentiality provisions shall govern:

1. The terms of this Stipulation ☐ shall ☐ shall not be confidential.

2. Any settlement amounts referenced herein ☐ shall ☐ shall not be subject to confidentiality restrictions.

3. Confidential information exchanged in connection with this Stipulation shall be governed by ☐ the existing Protective Order dated [__/__/____] ☐ the Protective Order attached as Exhibit [____] ☐ the following terms: [________________________________].

PART VII: PARTY AND ATTORNEY SIGNATURES

WHEREFORE, the undersigned parties respectfully request that the Court approve this Stipulation and enter the Proposed Order set forth below.

Plaintiff's Counsel

AGREED AND STIPULATED:

[________________________________]

By: [________________________________]

Name: [________________________________]

CPF No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Maryland [____]

Telephone: [________________________________]

E-Mail: [________________________________]

Attorneys for Plaintiff(s): [________________________________]

Date: [__/__/____]

Defendant's Counsel

AGREED AND STIPULATED:

[________________________________]

By: [________________________________]

Name: [________________________________]

CPF No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Maryland [____]

Telephone: [________________________________]

E-Mail: [________________________________]

Attorneys for Defendant(s): [________________________________]

Date: [__/__/____]

Additional Party Counsel (if applicable)

AGREED AND STIPULATED:

[________________________________]

By: [________________________________]

Name: [________________________________]

CPF No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Maryland [____]

Telephone: [________________________________]

E-Mail: [________________________________]

Attorneys for: [________________________________]

Date: [__/__/____]

Self-Represented Party (if applicable)

AGREED AND STIPULATED:

[________________________________]

Signature: [________________________________]

Printed Name: [________________________________]

Address: [________________________________]

[________________________________], Maryland [____]

Telephone: [________________________________]

E-Mail: [________________________________]

Date: [__/__/____]

PART VIII: [PROPOSED] ORDER

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

Case No.: [________________________________]

[________________________________], Plaintiff(s)

v.

[________________________________], Defendant(s)

ORDER

Upon consideration of the parties' Stipulation filed on [__/__/____], and the Court finding:

1. That all parties have consented to the terms set forth in the Stipulation;

2. That good cause has been shown for the entry of this Order pursuant to Maryland Rule 2-504.2;

3. That the relief requested is consistent with the efficient administration of justice;

4. That no party or non-party will be unduly prejudiced by the entry of this Order;

It is this [____] day of [________________________________], 20[____], by the Circuit Court for [________________________________] County, Maryland, hereby:

ORDERED that the Stipulation of the parties is APPROVED and incorporated herein by reference; and it is further

ORDERED that:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

And it is further ORDERED that all other provisions of the Scheduling Order dated [__/__/____] not expressly modified herein shall remain in full force and effect.

[________________________________]

Judge, Circuit Court for [________________________________] County

PART IX: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], the foregoing Stipulation and [Proposed] Order was filed and served as follows:

☐ Filed electronically via MDEC (Maryland Electronic Courts), which sent automatic notice to all registered users, including:

Name: [________________________________]

E-Mail: [________________________________]

Name: [________________________________]

E-Mail: [________________________________]

☐ Served by first-class mail on the following non-MDEC registered parties pursuant to Maryland Rule 1-321:

Name: [________________________________]

Address: [________________________________]

[________________________________]

☐ Served by hand delivery on:

Name: [________________________________]

Address: [________________________________]

☐ Served by e-mail (with consent) on:

Name: [________________________________]

E-Mail: [________________________________]

[________________________________]

Name: [________________________________]

CPF No.: [________________________________]

Date: [__/__/____]

PART X: MARYLAND-SPECIFIC PRACTICE NOTES

Court Structure and Filing

1. Circuit Courts. Maryland has 24 Circuit Courts (one per county plus Baltimore City). Each Circuit Court may have local administrative orders supplementing the Maryland Rules. Practitioners should consult the local rules for the specific county of filing.

2. MDEC Filing. As of 2022, all Maryland Circuit Courts use the Maryland Electronic Courts (MDEC) system for electronic filing. All pleadings, including stipulations and proposed orders, must be filed through MDEC unless an exemption applies. See Maryland Rule 20-101 et seq.

3. Proposed Order Format. Many judges require the proposed order to be uploaded as a separate Word-format document through MDEC's "Proposed Order" queue. Check with the assigned judge's chambers for specific formatting requirements.

4. Business and Technology Case Management Program. Cases assigned to the B&T program under Maryland Rule 16-308 have specialized case management procedures. Stipulations in B&T cases should reference the case management order issued by the assigned judge.

Scheduling Order Modifications

5. Good Cause Required. Under Maryland Rule 2-504.2, a scheduling order may not be modified except by order of the court upon a showing of good cause. A bare stipulation between counsel is insufficient to modify scheduling order deadlines; court approval is always required.

6. Trial Date Changes. Requests to continue trial dates require compliance with Maryland Rule 2-508 and must demonstrate good cause. Many counties require trial continuance requests to be made well in advance of the trial date.

7. Discovery Modifications. The Maryland Rules of Discovery (Rules 2-401 through 2-434) govern discovery procedures. Parties may stipulate to extend discovery deadlines, but court approval is required if the extension conflicts with the scheduling order. Under Maryland Rule 2-401(d), parties may agree to modify discovery procedures, but may not modify court-imposed deadlines without leave of court.

Service Requirements

8. MDEC Service. Filing through MDEC constitutes service on all registered users. See Maryland Rule 20-205.

9. Non-Registered Parties. Service on parties not registered in MDEC must be accomplished by mail, hand delivery, or other means permitted under Maryland Rule 1-321.

10. Self-Represented Litigants. Self-represented parties who are not registered for MDEC must receive service by traditional means and should be listed in the certificate of service with their mailing addresses.

Electronic Signatures

11. MDEC Signatures. Electronic signatures in the form "/s/ [Name]" are accepted for MDEC filings. The filing attorney's MDEC credentials serve as the electronic signature. See Maryland Rule 20-107.

12. Opposing Counsel Signatures. When filing a stipulation signed by opposing counsel, the filing party should obtain the original or electronic signature of opposing counsel before filing. Some judges require a separate confirmation from opposing counsel.

SOURCES AND REFERENCES

• Maryland Rules of Procedure, Title 2 (Civil Procedure — Circuit Court): Maryland Courts Rules
• Maryland Rule 2-504 (Scheduling Order)
• Maryland Rule 2-504.1 (Scheduling Conference)
• Maryland Rule 2-504.2 (Modification of Scheduling Order)
• Maryland Rule 2-506 (Voluntary Dismissal)
• Maryland Rule 2-311 (Motions)
• Maryland Rule 2-508 (Continuances)
• Maryland Rule 1-204 (Continuances and Postponements)
• Maryland Rule 1-321 (Service of Pleadings and Papers)
• Maryland Rule 20-101 et seq. (MDEC — Electronic Filing)
• Maryland Rule 20-107 (Electronic Signatures)
• Maryland Rule 20-205 (Electronic Service)
• Maryland Rule 16-308 (Business and Technology Case Management Program)
• Maryland Courts MDEC Information: https://mdcourts.gov/mdec
• Baltimore City Circuit Court Civil Procedures: https://www.baltimorecitycourt.org/court-divisions/civil/civil-procedures/