State Court Stipulation and [Proposed] Order (General Civil) - Missouri

STIPULATION AND [PROPOSED] ORDER

Missouri Circuit Court -- General Civil Matters

CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

[________________________________] DIVISION

Attorney Information (Filing Party):

[________________________________]
(Name of Attorney)
Missouri Bar No. [________________________________]

[________________________________]
(Name of Law Firm)

[________________________________]
(Street Address)

[________________________________], Missouri [____]
(City, State, ZIP)

Telephone: [________________________________]
Facsimile: [________________________________]
E-Mail: [________________________________]

Attorney for [________________________________]
(Party Name and Designation)

STIPULATION OF THE PARTIES

COME NOW the undersigned parties, by and through their respective counsel of record, and hereby stipulate and agree as follows:

I. RECITALS AND PROCEDURAL BACKGROUND

1. This action is pending in the Circuit Court of [________________________________] County, Missouri, [________________________________] Division, bearing Case No. [________________________________].

2. The Court entered a Case Management Order on [__/__/____] pursuant to Mo. Sup. Ct. R. 51.05, establishing the following deadlines:

a. Fact discovery completion: [__/__/____]

b. Expert disclosure deadline: [__/__/____]

c. Dispositive motion filing deadline: [__/__/____]

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

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

3. The parties, through counsel, have conferred in good faith and have reached the agreement set forth below, which they believe will promote the just and efficient resolution of this matter.

4. [________________________________]
   (Brief description of the circumstances giving rise to this stipulation, e.g., ongoing discovery, need for additional depositions, pending settlement negotiations, recently disclosed documents, scheduling conflicts, etc.)

II. STIPULATED TERMS

Subject to Court approval, the parties stipulate and agree to the following:

Term 1. [________________________________]
(e.g., "The deadline for completion of all fact discovery is extended from [__/__/____] to [__/__/____].")

Term 2. [________________________________]
(e.g., "Expert disclosures pursuant to Mo. Sup. Ct. R. 56.01(b)(4) shall be exchanged no later than [__/__/____], and rebuttal expert disclosures shall be exchanged no later than [__/__/____].")

Term 3. [________________________________]
(e.g., "The dispositive motion deadline is extended to [__/__/____], with responsive briefs due [____] days after service of the motion.")

Term 4. [________________________________]
(e.g., "The pretrial conference currently scheduled for [__/__/____] is continued to [__/__/____], subject to the Court's calendar.")

Term 5. [________________________________]
(Additional stipulated terms as needed)

Term 6. [________________________________]
(Additional stipulated terms as needed)

III. GOOD CAUSE AND AUTHORITY

5. This Stipulation is submitted pursuant to the following authority:

a. Mo. Sup. Ct. R. 44.01(b), which authorizes the Court, for cause shown, to enlarge the time within which an act is required to be done under these rules, provided the request is made before the expiration of the period originally prescribed or as extended by a previous order;

b. Mo. Sup. Ct. R. 44.02, which permits the parties, by written stipulation, to agree to modifications of time periods established by the rules or by court order;

c. Mo. Sup. Ct. R. 56.01, which governs discovery procedures and permits the parties to modify discovery by stipulation, including the number of interrogatories (limited to 25 per party under R. 57.01) and depositions (limited to 10 per party under R. 57.03), except by leave of court or stipulation;

d. Mo. Sup. Ct. R. 51.05, which authorizes the Court to manage pretrial proceedings and issue case management orders;

e. The Court's inherent authority to manage its docket and control the proceedings before it.

6. Good cause exists for the relief requested herein because:

☐ Additional time is needed to complete fact discovery due to [________________________________].

☐ The parties are engaged in good-faith settlement discussions and believe additional time may lead to resolution without trial.

☐ New parties have been added, requiring additional time for discovery and responsive pleading.

☐ Recently disclosed or produced documents require additional time for review and analysis.

☐ Expert analysis is ongoing and additional time is necessary for preparation and exchange of expert reports.

☐ Counsel's calendars present scheduling conflicts due to [________________________________].

☐ The complexity of the issues warrants additional time for [________________________________].

☐ Other: [________________________________].

7. The relief requested herein ☐ will / ☐ will not require modification of the current trial setting of [__/__/____]. (If the trial date is affected, provide specific justification.)

IV. RESERVATION OF RIGHTS

8. Except as expressly modified by this Stipulation, all prior orders of this Court remain in full force and effect, including but not limited to the Case Management Order dated [__/__/____].

9. All parties reserve all rights, claims, defenses, and objections not expressly waived herein.

10. Nothing contained in this Stipulation shall be construed as an admission of liability, fault, or the merit or lack of merit of any claim or defense asserted or that may be asserted in this action.

11. This Stipulation may be modified or set aside only by further written stipulation of the parties approved by the Court or by order of the Court upon motion and a showing of good cause.

V. REQUEST FOR ORDER

12. WHEREFORE, the undersigned parties respectfully request that this Court:

a. Approve this Stipulation in its entirety;

b. Enter the [Proposed] Order attached hereto incorporating the terms set forth above; and

c. Grant such other and further relief as this Court deems just and proper.

SIGNATURES OF COUNSEL

[________________________________]
(Name of Law Firm)

By: [________________________________]
[________________________________]
(Printed Name of Attorney)
Missouri Bar No. [________________________________]
[________________________________]
(Street Address)
[________________________________], Missouri [____]
Telephone: [________________________________]
E-Mail: [________________________________]

Attorney for Plaintiff, [________________________________]

Date: [__/__/____]

[________________________________]
(Name of Law Firm)

By: [________________________________]
[________________________________]
(Printed Name of Attorney)
Missouri Bar No. [________________________________]
[________________________________]
(Street Address)
[________________________________], Missouri [____]
Telephone: [________________________________]
E-Mail: [________________________________]

Attorney for Defendant, [________________________________]

Date: [__/__/____]

[________________________________]
(Name of Law Firm -- Additional Party, if applicable)

By: [________________________________]
[________________________________]
(Printed Name of Attorney)
Missouri Bar No. [________________________________]
[________________________________]
(Street Address)
[________________________________], Missouri [____]
Telephone: [________________________________]
E-Mail: [________________________________]

Attorney for [________________________________]
(Party Designation)

Date: [__/__/____]

[PROPOSED] ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

[________________________________] DIVISION

ORDER

The Court, having reviewed the foregoing Stipulation of the Parties and the file herein, and finding good cause shown, hereby ORDERS as follows:

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

2. [________________________________]
   (Ordered Term 1, mirroring Stipulated Term 1)

3. [________________________________]
   (Ordered Term 2, mirroring Stipulated Term 2)

4. [________________________________]
   (Ordered Term 3, mirroring Stipulated Term 3)

5. [________________________________]
   (Ordered Term 4, mirroring Stipulated Term 4)

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

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

8. The parties shall comply with all deadlines established herein.

SO ORDERED this [____] day of [________________________________], 20[____].

[________________________________]
Judge of the Circuit Court
Division [____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Stipulation and [Proposed] Order was filed and/or served as follows:

☐ Filed electronically via the Missouri eFiling System (Case.net), which automatically served all registered counsel of record pursuant to Mo. Sup. Ct. R. 43.01.

☐ Served by United States Mail, first class, postage prepaid, addressed to:

[________________________________]
[________________________________]
[________________________________]

☐ Served by electronic mail to:

[________________________________] at [________________________________]

☐ Served by hand delivery to:

[________________________________]
[________________________________]
[________________________________]

☐ Served by facsimile transmission to:

[________________________________] at [________________________________]

[________________________________]
(Signature)

[________________________________]
(Printed Name)
Missouri Bar No. [________________________________]

MISSOURI-SPECIFIC PRACTICE NOTES

Court Structure and Filing

• Missouri circuit courts are the trial courts of general jurisdiction. They are organized by county, with some multi-county circuits. Each circuit is divided into numbered divisions, and the division assignment determines the presiding judge.

• Missouri uses the statewide eFiling system (accessible through Case.net at courts.mo.gov). All attorneys must register for electronic filing. Select the correct document category when filing (e.g., "Stipulation" or "Joint Motion").

• Some divisions require proposed orders to be submitted in Microsoft Word format (not PDF only) so the judge can edit the order before signing. Check the division's standing orders or contact the judicial assistant.

• Filing fees may apply for certain stipulations. Check the circuit clerk's fee schedule.

Stipulation and Time Extension Rules

• Mo. Sup. Ct. R. 44.01(b) permits the Court to enlarge time for cause shown. The request must be made before the expiration of the period originally prescribed or as extended by a previous order, or, upon motion after expiration, if the failure to act was the result of excusable neglect.

• Mo. Sup. Ct. R. 44.02 allows parties to stipulate to time extensions without court approval for certain matters, but modifications to court-ordered deadlines (such as those in a Case Management Order) require court approval.

• Under the 2021 discovery rule amendments (effective September 2, 2021), parties may stipulate to a different number of interrogatories beyond the default 25 per party, and to more than the default 10 depositions per party. Mo. Sup. Ct. R. 56.01(b).

Discovery Stipulations

• Missouri's 2021 discovery rule changes aligned Missouri practice more closely with the Federal Rules of Civil Procedure. Key limits that may be modified by stipulation include:
• Interrogatories: 25 per party (Mo. Sup. Ct. R. 57.01)
• Depositions: 10 per party (Mo. Sup. Ct. R. 57.03)
• Requests for Admission: No numerical limit, but proportionality applies

• Discovery period: As set by the Case Management Order

• Stipulations regarding discovery modifications must be in writing and filed with the court. Mo. Sup. Ct. R. 56.01.

Service Requirements

• After the initial filing, service of pleadings and other papers is governed by Mo. Sup. Ct. R. 43.01.

• Electronic service through the Missouri eFiling system satisfies the service requirement for all registered users. For parties not registered with the eFiling system, service must be made by mail, personal delivery, or other method authorized by Rule 43.01.

• The certificate of service should specify the method of service used for each party.

Signature Requirements

• Electronic signatures in the format "/s/ [Name]" are accepted through Case.net pursuant to Mo. Sup. Ct. R. 43.01 and local circuit rules.

• All parties or their attorneys must sign the stipulation. If a party is self-represented, that party must sign personally.

Local Circuit Rules

• Many Missouri circuits have local rules that impose additional requirements for stipulations and proposed orders. Common requirements include:
• Advance notice to the judicial assistant before filing certain stipulations
• Submission of proposed orders in editable format
• Specific formatting requirements for captions and signature blocks

• Requirements to include a proposed docket entry or case event description

• Always check the local rules for the specific circuit and division where the case is pending.

Sources and References

• Missouri Supreme Court Rules (complete) -- available at Missouri Courts
• Rules of Civil Procedure (Rules Governing Civil Procedure in Circuit Courts) -- available at Missouri Courts
• Missouri eFiling System (Case.net) -- available at Missouri Courts
• Mo. Sup. Ct. R. 44.01 and 44.02 (Time; Stipulations) -- available at Missouri Courts
• 2021 Discovery Rule Amendments -- discussed at Thompson Coburn LLP