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

STIPULATION AND [PROPOSED] ORDER

Maine Superior Court — [________________________________] County

General Civil Action

PART I: CASE CAPTION AND ATTORNEY INFORMATION

STATE OF MAINE

[________________________________], ss.      SUPERIOR COURT

                    DOCKET NO. [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

Defendant(s).

STIPULATION AND [PROPOSED] ORDER

Filing Attorney Information

Name: [________________________________]

Maine Bar No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Maine [____]

Telephone: [________________________________]

Facsimile: [________________________________]

E-Mail: [________________________________]

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

PART II: RECITALS AND CASE BACKGROUND

COME NOW the parties, by and through their undersigned counsel, and respectfully submit this Stipulation and request the entry of the Proposed Order below. In support thereof, the parties represent as follows:

A. Procedural History

1. Plaintiff(s) commenced this action by filing a Complaint on [__/__/____].

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

3. The Court entered a Standard Scheduling Order pursuant to M.R. Civ. P. 16(a)(1) on [__/__/____], establishing the following deadlines:

a. Conference of Counsel concerning discovery: [__/__/____]

b. Joinder of additional parties: [__/__/____]

c. Exchange of expert witness designations and reports: [__/__/____]

d. Completion of Alternative Dispute Resolution (if required under M.R. Civ. P. 16B): [__/__/____]

e. Completion of discovery: [__/__/____]

f. Filing of motions: [__/__/____]

g. Placement on trial list: [__/__/____]

4. ☐ This matter is assigned to the Complex Business and Consumer Docket ("BCD") under 4 M.R.S.A. Section 105-B.

5. ☐ An Alternative Dispute Resolution conference has been: ☐ Completed on [__/__/____] ☐ Scheduled for [__/__/____] ☐ Not yet scheduled ☐ Waived by the Court.

6. ☐ A conference of counsel has been held pursuant to the Standard Scheduling Order.

B. Basis for Stipulation

7. The parties have conferred in good faith and agree that the relief set forth below is appropriate and warranted for the following reasons:

[________________________________]

[________________________________]

[________________________________]

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

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

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

PART III: STIPULATED TERMS

The parties hereby stipulate and agree as follows:

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 shall be served with sufficient time for responses prior to the new deadline. This extension is necessitated by: [________________________________].

☐ Expert Designation Extension. The deadline for exchange of expert witness designations and reports under M.R. Civ. P. 26(b)(4) is extended from [__/__/____] to [__/__/____]. Rebuttal expert designations shall be exchanged by [__/__/____].

☐ Motion Filing 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 pursuant to M.R. Civ. P. 15(a).

☐ Continuance of Trial List Date. The trial list date currently set for [__/__/____] is continued to [__/__/____], or the next available trial list date.

☐ Dismissal of Claims/Parties. The following claims/parties are dismissed ☐ with prejudice ☐ without prejudice pursuant to M.R. Civ. P. 41: [________________________________].

☐ Settlement Docket. This case shall be placed on the settlement docket for [____] days. If settlement is not finalized by [__/__/____], any party may request restoration to the active docket.

☐ ADR Scheduling. The parties shall participate in ☐ mediation ☐ early neutral evaluation ☐ arbitration pursuant to M.R. Civ. P. 16B on or before [__/__/____], using [________________________________] as the neutral.

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

☐ Joinder of Additional Parties. The deadline for joinder of additional parties is extended from [__/__/____] to [__/__/____].

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

☐ Other. [________________________________]

PART IV: AUTHORITY AND GOOD CAUSE

A. Governing Rules

This Stipulation is submitted pursuant to the following Maine Rules of Civil Procedure:

• M.R. Civ. P. 16(a) (Pretrial Procedure), which establishes the Standard Scheduling Order framework and governs case management in Superior Court civil actions.

• M.R. Civ. P. 16(a)(2) (Modification of Standard Scheduling Order), which provides that the standard scheduling order "shall not be modified except in accordance with [Rule 16(a)(2)] or on motion for good cause shown."

• M.R. Civ. P. 6(b) (Enlargement of Time), which authorizes the Court to enlarge time periods prescribed by the rules or court order upon motion for cause shown.

• M.R. Civ. P. 29 (Stipulations Regarding Discovery Procedure), which permits the parties by written stipulation to modify discovery procedures, subject to court approval where scheduling order deadlines are affected.

• M.R. Civ. P. 7(b) (Motions), governing the form and filing of all motions, including stipulated motions.

• M.R. Civ. P. 41 (Dismissal of Actions), if applicable to any dismissal terms herein.

B. Good Cause Statement

Good cause exists for the modification of the Standard Scheduling Order and entry of this Stipulation because:

1. [________________________________]

2. [________________________________]

3. [________________________________]

The parties represent that the requested relief is consistent with the fair and efficient resolution of this matter and will not unduly delay the proceedings.

PART V: RESERVATION OF RIGHTS

1. Except as expressly set forth in this Stipulation, all provisions of the Standard 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 further modification of this Stipulation upon a showing of good cause pursuant to M.R. Civ. P. 16(a)(2).

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 subject to confidentiality restrictions.

2. Any settlement amounts referenced herein ☐ shall ☐ shall not be disclosed publicly.

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:

Dated: [__/__/____]

[________________________________]

By: [________________________________]

Name: [________________________________]

Maine Bar No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Maine [____]

Telephone: [________________________________]

E-Mail: [________________________________]

Attorney for Plaintiff(s): [________________________________]

Defendant's Counsel

AGREED AND STIPULATED:

Dated: [__/__/____]

[________________________________]

By: [________________________________]

Name: [________________________________]

Maine Bar No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Maine [____]

Telephone: [________________________________]

E-Mail: [________________________________]

Attorney for Defendant(s): [________________________________]

Additional Party Counsel (if applicable)

AGREED AND STIPULATED:

Dated: [__/__/____]

[________________________________]

By: [________________________________]

Name: [________________________________]

Maine Bar No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Maine [____]

Telephone: [________________________________]

E-Mail: [________________________________]

Attorney for: [________________________________]

Self-Represented Party (if applicable)

AGREED AND STIPULATED:

Dated: [__/__/____]

Signature: [________________________________]

Printed Name: [________________________________]

Address: [________________________________]

[________________________________], Maine [____]

Telephone: [________________________________]

E-Mail: [________________________________]

PART VIII: [PROPOSED] ORDER

STATE OF MAINE

[________________________________], ss.      SUPERIOR COURT

                    DOCKET NO. [________________________________]

[________________________________], Plaintiff(s)

v.

[________________________________], Defendant(s)

ORDER

The Court, having reviewed the Stipulation of the parties filed on [__/__/____], and finding:

1. That all parties have consented to the terms of the Stipulation;

2. That good cause has been shown for modification of the Standard Scheduling Order pursuant to M.R. Civ. P. 16(a)(2);

3. That the requested relief is consistent with the fair and efficient administration of this case;

4. That no party or non-party will be unduly prejudiced;

It is hereby ORDERED:

1. The Stipulation of the parties is APPROVED and incorporated herein by reference.

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

All other provisions of the Standard Scheduling Order dated [__/__/____] not expressly modified herein shall remain in full force and effect.

SO ORDERED.

Dated: [__/__/____]

[________________________________]

Justice, Maine Superior Court

[________________________________] County

PART IX: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], the foregoing Stipulation and [Proposed] Order was served on all counsel of record and parties as follows:

☐ Filed and served electronically via eFileME pursuant to Administrative Order JB-05-26, which sent automatic notice to all registered users, including:

Name: [________________________________]

E-Mail: [________________________________]

Name: [________________________________]

E-Mail: [________________________________]

☐ Served by first-class U.S. Mail, postage prepaid on the following non-eFileME registered parties pursuant to M.R. Civ. P. 5(b):

Name: [________________________________]

Address: [________________________________]

[________________________________]

☐ Served by hand delivery on:

Name: [________________________________]

Address: [________________________________]

☐ Served by electronic mail (with consent) on:

Name: [________________________________]

E-Mail: [________________________________]

[________________________________]

Name: [________________________________]

Maine Bar No.: [________________________________]

Date: [__/__/____]

PART X: MAINE-SPECIFIC PRACTICE NOTES

Court Structure and Filing

1. Superior Court. Maine Superior Court has general jurisdiction over civil matters. Each of Maine's 16 counties has a Superior Court, though judicial assignments rotate among justices. The county designation ("ss.") in the caption indicates the county in which the action is filed.

2. Business and Consumer Docket (BCD). Complex business disputes may be assigned to the BCD under 4 M.R.S.A. Section 105-B. BCD cases have separate case management procedures and may use different scheduling templates. Practitioners should consult with the BCD case manager before filing stipulations that affect BCD scheduling.

3. eFileME. Maine's electronic filing system (eFileME) is mandatory in all courts where it has been implemented. Stipulations and proposed orders must be filed electronically through eFileME. Where eFileME has not yet been implemented, paper filings are accepted at the clerk's office.

4. Proposed Order Format. Judges may request that proposed orders be submitted in an editable format (Word document) in addition to the PDF filed through eFileME. Check with the assigned justice's chambers for specific requirements.

Scheduling Order Modifications

5. Standard Scheduling Order. Under M.R. Civ. P. 16(a)(1), the Court enters a Standard Scheduling Order after the filing of an answer in all civil actions (except those under Rules 80, 80B, or 80C). This order sets uniform deadlines for the conference of counsel, joinder of parties, expert designations, ADR, discovery completion, motion filing, and trial list placement.

6. Good Cause Standard. Under M.R. Civ. P. 16(a)(2), the Standard Scheduling Order "shall not be modified except in accordance with [Rule 16(a)(2)] or on motion for good cause shown." The court retains discretion to deny even stipulated modifications that fail to demonstrate good cause.

7. Conference of Counsel. The Standard Scheduling Order typically requires a conference of counsel early in the case to discuss discovery planning and case management. If the conference has not yet been held, the parties should indicate this in the stipulation and, if applicable, request rescheduling.

8. ADR Requirements. Under M.R. Civ. P. 16B, the Court may order parties to participate in Alternative Dispute Resolution. Stipulations should address the effect, if any, on ADR scheduling.

Discovery Rules

9. Modification of Discovery Procedures. Under M.R. Civ. P. 29, parties may stipulate to modify discovery procedures (e.g., number of interrogatories, deposition procedures). However, stipulated extensions of discovery deadlines set by the Standard Scheduling Order require court approval under M.R. Civ. P. 16(a)(2).

10. Expert Designations. Expert witness designations under M.R. Civ. P. 26(b)(4) are typically governed by the Standard Scheduling Order. Extensions require good cause and court approval.

Service Requirements

11. eFileME Service. Filing through eFileME constitutes service on all registered users. See Administrative Order JB-05-26.

12. Non-Registered Parties. Service on parties not registered in eFileME must be accomplished pursuant to M.R. Civ. P. 5(b) — by mail, hand delivery, or electronic means with consent.

13. Self-Represented Litigants. Self-represented parties who are not registered for eFileME must receive service by traditional means.

Electronic Signatures

14. eFileME Signatures. Electronic signatures ("/s/ [Name]") are accepted in eFileME filings. The filing attorney's login credentials serve as authentication.

15. Opposing Counsel Signatures. When filing a stipulation with opposing counsel's signature, obtain the original or electronic consent before filing. Some justices require separate confirmation of consent.

SOURCES AND REFERENCES

• Maine Rules of Civil Procedure: Maine Judicial Branch
• M.R. Civ. P. 16 (Pretrial Procedure in the Superior Court): Rule 16 Text
• M.R. Civ. P. 16B (Alternative Dispute Resolution): Rule 16B Text
• M.R. Civ. P. 29 (Stipulations Regarding Discovery Procedure)
• M.R. Civ. P. 6(b) (Enlargement of Time)
• M.R. Civ. P. 7(b) (Motions)
• M.R. Civ. P. 5(b) (Service)
• M.R. Civ. P. 41 (Dismissal of Actions)
• Administrative Order JB-05-26 (Electronic Filing): JB-05-26
• 4 M.R.S.A. Section 105-B (Business and Consumer Docket)
• Maine Rules of Civil Procedure (Full Text): PDF