State Court Stipulation and Proposed Order (General Civil)

STIPULATION AND [PROPOSED] ORDER

Michigan Circuit Court -- General Civil Matters

ATTORNEY INFORMATION

[________________________________]
Name: [________________________________] (P[________________________________])
Firm: [________________________________]
Address: [________________________________]
City, State ZIP: [________________________________], Michigan [________________________________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Attorney for [________________________________] (Plaintiff / Defendant)

CASE CAPTION

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]

[________________________________] JUDICIAL CIRCUIT

[________________________________],
Plaintiff,

v.

Case No. [________________________________]
Hon. [________________________________]

[________________________________],
Defendant.

STIPULATION AND [PROPOSED] ORDER

I. STIPULATION

The undersigned parties, by and through their respective counsel, hereby stipulate and agree as follows:

A. RECITALS AND BACKGROUND

1. This action was commenced on [__/__/____] and involves claims for [________________________________].

2. The Court entered a Scheduling Order on [__/__/____] pursuant to MCR 2.401, establishing the following relevant deadlines:
   - Initial disclosures: [__/__/____]
   - Fact discovery cutoff: [__/__/____]
   - Expert witness disclosures: [__/__/____]
   - Dispositive motion deadline: [__/__/____]
   - Pretrial conference: [__/__/____]
   - Trial date: [__/__/____]

3. The current status of the case is as follows: [________________________________] (describe discovery completed, depositions taken, issues resolved, pending motions, etc.)

4. This stipulation is necessitated by the following circumstances: [________________________________]

B. TERMS OF STIPULATION

The Parties stipulate and agree to the following terms:

Term 1. [________________________________]

Term 2. [________________________________]

Term 3. [________________________________]

Term 4. [________________________________]

Term 5. [________________________________]

Term 6. [________________________________]

Term 7. [________________________________]

(Add or remove terms as necessary.)

C. TYPE OF STIPULATION

This stipulation pertains to the following subject matter (check all that apply):

☐ Extension of Discovery Deadlines -- The parties stipulate to extend the following discovery deadlines:

• Fact discovery cutoff extended from [__/__/____] to [__/__/____]
• Expert disclosures (MCR 2.302(B)) extended from [__/__/____] to [__/__/____]
• Rebuttal expert disclosures extended from [__/__/____] to [__/__/____]
• Reason: [________________________________]

☐ Continuance of Hearing or Trial -- The parties stipulate to continue the [________________________________] (trial / hearing / conference) currently scheduled for [__/__/____] to [__/__/____], or to the next available date on the Court's calendar. Reason: [________________________________]

☐ Leave to Amend Pleadings -- [________________________________] (party) is granted leave to file an amended [________________________________] (complaint / answer / counterclaim / cross-claim / third-party complaint) on or before [__/__/____]. The opposing party shall have [____] days from service of the amended pleading to file a responsive pleading.

☐ Dismissal of Claims or Parties -- The following [________________________________] (claims / counterclaims / cross-claims / parties) are dismissed [________________________________] (with prejudice / without prejudice):

• [________________________________]
• [________________________________]
  Each party shall bear its own costs and attorney fees unless otherwise specified: [________________________________].

☐ Protective Order Terms -- The parties stipulate to the following terms governing the handling of confidential or proprietary information:

• Definition of "Confidential Information": [________________________________]
• Limitations on disclosure: [________________________________]
• Use restriction: [________________________________]
• Return or destruction of confidential materials: [________________________________]

☐ Settlement Terms -- The parties have reached a settlement and stipulate to the following terms:

• [________________________________]
• [________________________________]
• [________________________________]
  ☐ The terms of settlement are to be placed on the record.
  ☐ The settlement agreement is attached as Exhibit [____] and incorporated by reference.
  ☐ The case is to be dismissed [________________________________] (with prejudice / without prejudice) upon completion of settlement obligations.

☐ Modification of Case Evaluation / Mediation Deadlines -- The parties stipulate to modify the following alternative dispute resolution deadlines:

• Case evaluation deadline: extended from [__/__/____] to [__/__/____]
• Mediation deadline: extended from [__/__/____] to [__/__/____]

☐ Substitution or Addition of Parties -- The parties stipulate to [________________________________] (substitute [party name] for [party name] / add [party name] as a [plaintiff / defendant]).

☐ Other -- [________________________________]

D. AUTHORITY

This stipulation is submitted pursuant to Michigan Court Rules 2.507(G) and 2.401(B)(2). MCR 2.507(G) provides that the parties may, by stipulation filed with the court or made in open court, agree to any procedure or order not otherwise prohibited. MCR 2.401(B)(2) provides that a scheduling order may be modified for good cause and with the Court's consent.

Good cause exists for this stipulation because: [________________________________]

E. REPRESENTATIONS OF COUNSEL

1. Each undersigned attorney represents that he or she is authorized by the party he or she represents to enter into this stipulation.

2. The parties have conferred and agree that the terms set forth above are fair, reasonable, and in the interests of justice.

3. This stipulation is made in good faith, not for purposes of delay, and will not prejudice any party.

4. ☐ This stipulation will not affect the trial date.
   ☐ This stipulation requires modification of the trial date, as set forth in Section B above.

5. Except as expressly modified by this stipulation, all other provisions of the Scheduling Order dated [__/__/____] and all other Court orders remain in full force and effect.

F. RESERVATION OF RIGHTS

Except as expressly set forth herein, this stipulation does not waive, release, or modify any right, claim, defense, or obligation of any party. All rights not expressly addressed in this stipulation are reserved.

G. REQUEST FOR ORDER

The Parties jointly request that the Court adopt this stipulation and enter the accompanying [Proposed] Order.

II. SIGNATURES

DATED: [__/__/____]

For Plaintiff:

[________________________________]
(Law Firm Name)

By: ________________________________________
[________________________________] (P[________________________________])
Attorney for Plaintiff
[________________________________] (Address)
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

For Defendant:

[________________________________]
(Law Firm Name)

By: ________________________________________
[________________________________] (P[________________________________])
Attorney for Defendant
[________________________________] (Address)
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

For [________________________________] (Additional Party, if applicable):

[________________________________]
(Law Firm Name)

By: ________________________________________
[________________________________] (P[________________________________])
Attorney for [________________________________]
[________________________________] (Address)
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

(Note: Pursuant to MCR 1.109(E)(4), electronic signatures in the form "/s/ [Name]" are acceptable when filing through MiFILE.)

III. [PROPOSED] ORDER

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]

At a session of said Court held in the [________________________________] County Circuit Courthouse on the _______ day of ________________________, 20____.

PRESENT: Honorable [________________________________], Circuit Court Judge

[________________________________],
Plaintiff,

v.

Case No. [________________________________]

[________________________________],
Defendant.

ORDER

The Court, having reviewed the Parties' Stipulation filed on [__/__/____], and being otherwise fully advised in the premises, and good cause having been shown pursuant to MCR 2.507(G) and MCR 2.401(B)(2),

IT IS HEREBY ORDERED:

1. The Parties' Stipulation is APPROVED and incorporated herein by reference.

2. [________________________________] (Ordered Term 1 -- restate the substantive terms of the stipulation in order format.)

3. [________________________________] (Ordered Term 2.)

4. [________________________________] (Ordered Term 3.)

5. [________________________________] (Ordered Term 4.)

6. [________________________________] (Additional ordered terms as necessary.)

7. All other provisions of the Scheduling Order dated [__/__/____] remain unchanged and in full force and effect.

8. [________________________________] (Any additional conditions the Court may impose.)

IT IS SO ORDERED.

________________________________________
Hon. [________________________________]
Circuit Court Judge

IV. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I electronically filed the foregoing STIPULATION AND [PROPOSED] ORDER through MiFILE, which will transmit notice to all counsel of record registered with MiFILE, pursuant to MCR 2.107.

For parties or counsel not registered with MiFILE, copies were served as follows:

________________________________________
[________________________________] (P[________________________________])

PRACTICE NOTES

When Stipulations Are Appropriate

1. Discovery Extensions. Stipulations to extend discovery deadlines are common when both parties need additional time. Under MCR 2.401(B)(2), the Court must approve modifications to scheduling orders, even when stipulated, so always submit the stipulation with a proposed order for judicial approval.

2. Continuances. When all parties agree to a continuance, a stipulation is preferred over a contested motion. This demonstrates cooperation and efficiency. However, the Court retains discretion to deny even stipulated continuances if they conflict with docket management.

3. Pleading Amendments. Stipulations to allow amended pleadings save time and avoid the need for a contested motion for leave to amend under MCR 2.118.

4. Dismissals. Partial or full dismissals by stipulation are efficient for narrowing issues or resolving the case. Specify whether the dismissal is with or without prejudice and address costs and fees.

5. Protective Orders. Stipulated protective orders are common in cases involving trade secrets, proprietary information, or sensitive personal data. The Court must review and approve even stipulated protective orders.

6. Settlements. When parties reach a settlement, a stipulation and order memorializes the terms and provides enforceability through a court order.

Court Approval Requirements

• MCR 2.507(G): Stipulations are generally enforceable when filed with the court or made in open court. However, stipulations that modify scheduling orders or court directives require court approval.
• MCR 2.401(B)(2): Modification of a scheduling order requires a showing of good cause and the Court's consent. A bare stipulation without justification may be denied.
• Proposed Order Format: Many Michigan judges require the proposed order in an editable Word format in addition to the PDF filed through MiFILE. Check with the judge's clerk or judicial assistant.

Local Administrative Orders

• Wayne County (Third Circuit): Has specific local rules (LCR) governing motion practice, case management, and discovery. Check Wayne County LCR for any additional requirements.
• Oakland County (Sixth Circuit): Has local administrative orders that may affect stipulation practice. Review current administrative orders.
• Kent County (Seventeenth Circuit): Check for any circuit-specific requirements regarding stipulations and proposed orders.
• Other Circuits: Contact the circuit clerk or judicial assistant for local requirements.

MiFILE Electronic Filing

• Michigan uses MiFILE as its statewide electronic filing system.
• File the stipulation and proposed order through MiFILE.
• MiFILE will generate electronic notice to all registered counsel under MCR 2.107.
• Non-registered parties must be served by traditional methods.
• Submit the proposed order in editable format if required by the assigned judge.
• Select the correct document type when filing through MiFILE (e.g., "Stipulation" or "Stipulation and Order").

Signature Requirements

• Under MCR 1.109(E)(4), electronic signatures ("/s/ [Name]") are acceptable for filings through MiFILE.
• All parties to the stipulation must sign or be represented by counsel who signs on their behalf.
• If a party is self-represented, that party must sign personally.
• Ensure each attorney's Michigan Bar Number (P-number) is included with the signature.

Drafting Considerations

• Be specific and precise in drafting stipulation terms. Vague terms may lead to enforcement disputes.
• If the stipulation resolves some but not all issues, clearly identify which issues remain in dispute.
• Include a reservation of rights clause to protect against unintended waivers.
• Address costs and attorney fees explicitly, even if each party bears its own.
• If the stipulation modifies a scheduling order, provide the existing and proposed new dates for clarity.

SOURCES AND REFERENCES

• Michigan Court Rule 2.401 -- Pretrial Procedures; Conferences; Scheduling Orders
• Michigan Court Rule 2.401(B)(2) -- Modification of Scheduling Orders
• Michigan Court Rule 2.507 -- Conduct of Trials
• Michigan Court Rule 2.507(G) -- Stipulations
• Michigan Court Rule 2.119 -- Motion Practice
• Michigan Court Rule 1.109(E)(4) -- Electronic Signatures
• Michigan Court Rule 2.107 -- Service and Filing
• Michigan Court Rule 2.302(B) -- Scope of Discovery
• Michigan Court Rule 2.118 -- Amended and Supplemental Pleadings
• Michigan Courts Website: https://www.courts.michigan.gov/
• MiFILE E-Filing Portal: https://mifile.courts.michigan.gov/