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

STIPULATION AND [PROPOSED] ORDER

Mississippi State Court — General Civil Matters

I. ATTORNEY IDENTIFICATION BLOCK

Filing Attorney Information:

Name: [________________________________]

Mississippi Bar No. (MSB): [________________________________]

Firm: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________], Mississippi [____]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Attorney for: ☐ Plaintiff [________________________________] ☐ Defendant [________________________________]

II. COURT CAPTION

IN THE [________________________________] COURT OF [________________________________] COUNTY, MISSISSIPPI

☐ Circuit Court ☐ Chancery Court ☐ County Court

STIPULATION

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

III. RECITALS AND PROCEDURAL BACKGROUND

1. This civil action was filed on [__/__/____] in the [________________________________] Court of [________________________________] County, Mississippi.

2. This matter is assigned to the Honorable [________________________________], [________________________________] Judge / Chancellor.

3. A Case Management / Scheduling Order was entered on [__/__/____] establishing the following relevant deadlines:

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

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

c. Expert discovery deadline: [__/__/____]

d. Dispositive motion deadline: [__/__/____]

e. Pre-trial conference: [__/__/____]

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

4. The current procedural posture of this case is as follows:

[________________________________]

[________________________________]

IV. GOOD CAUSE STATEMENT

5. Good cause exists for the Court to approve this Stipulation and enter the proposed order because:

[________________________________]

[________________________________]

[________________________________]

Note to Practitioner: Mississippi Rule of Civil Procedure 6(b) permits the court, for cause shown, to enlarge the period within which an act is required. The good cause statement should set forth specific circumstances warranting the requested relief. Under Rule 16(b), modification of a scheduling order requires a showing of good cause, and the court considers whether the party seeking modification was diligent in meeting the original deadline.

V. STIPULATED TERMS

The parties agree to the following terms:

Term 1:

6. [________________________________]

(Example: "The fact discovery deadline is extended from [__/__/____] to [__/__/____], an extension of [____] days, without affecting the current trial setting.")

Term 2:

7. [________________________________]

(Example: "Expert designations pursuant to Miss. R. Civ. P. 26(b)(4) shall be exchanged by the following dates: Plaintiff's expert designations by [__/__/____]; Defendant's expert designations by [__/__/____].")

Term 3:

8. [________________________________]

(Example: "Expert depositions shall be completed by [__/__/____].")

Term 4:

9. [________________________________]

(Example: "The dispositive motion deadline is extended from [__/__/____] to [__/__/____]. Responses shall be due within [____] days of filing. Replies, if any, shall be due within [____] days of the response.")

Term 5:

10. [________________________________]

(Example: "The parties consent to mediation before [________________________________] (mediator) to be completed by [__/__/____].")

Additional Terms:

11. [________________________________]

12. [________________________________]

VI. AUTHORITY FOR STIPULATION

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

☐ Miss. R. Civ. P. 6(b) — Enlargement of time for cause shown

☐ Miss. R. Civ. P. 16 — Modification of scheduling / case management order

☐ Miss. R. Civ. P. 26(c) — Protective orders and discovery modifications

☐ Miss. R. Civ. P. 29 — Stipulations regarding discovery procedure

☐ Miss. R. Civ. P. 41 — Stipulated dismissal (if applicable)

☐ Uniform Circuit and County Court Rules (UCCCR) Rule [____]

☐ Uniform Chancery Court Rules (UCCR) Rule [____]

☐ Local Court Rule / Standing Order: [________________________________]

☐ Other: [________________________________]

14. The parties represent that the relief requested herein does not prejudice the rights of any party, does not affect any non-waivable statutory deadline, and is consistent with the efficient administration of justice.

VII. PRESERVATION OF RIGHTS

15. Except as expressly modified by this Stipulation, all prior orders of this Court, including the Scheduling Order dated [__/__/____], remain in full force and effect.

16. All claims, defenses, counterclaims, cross-claims, and affirmative defenses of all parties are expressly preserved.

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

18. Each party reserves all rights not expressly waived herein, including but not limited to the right to seek further modification of the Scheduling Order upon good cause shown.

VIII. REQUEST FOR ENTRY OF ORDER

19. The parties respectfully request that the Court approve this Stipulation, find that good cause has been shown, and enter the Proposed Order set forth below.

IX. PARTY SIGNATURES

Plaintiff's Counsel:

Dated: [__/__/____]

[________________________________] (Law Firm Name)

By: /s/ [________________________________]

[________________________________] (Attorney Name)

MSB No. [________________________________]

[________________________________] (Address)

[________________________________], Mississippi [____]

Telephone: [________________________________]

Email: [________________________________]

Attorney for Plaintiff [________________________________]

Defendant's Counsel:

Dated: [__/__/____]

[________________________________] (Law Firm Name)

By: /s/ [________________________________]

[________________________________] (Attorney Name)

MSB No. [________________________________]

[________________________________] (Address)

[________________________________], Mississippi [____]

Telephone: [________________________________]

Email: [________________________________]

Attorney for Defendant [________________________________]

Additional Party Counsel (if applicable):

Dated: [__/__/____]

[________________________________] (Law Firm Name)

By: /s/ [________________________________]

[________________________________] (Attorney Name)

MSB No. [________________________________]

[________________________________] (Address)

[________________________________], Mississippi [____]

Telephone: [________________________________]

Email: [________________________________]

Attorney for [________________________________]

Self-Represented Party (if applicable):

Dated: [__/__/____]

By: /s/ [________________________________]

[________________________________] (Printed Name)

[________________________________] (Address)

[________________________________], Mississippi [____]

Telephone: [________________________________]

Email: [________________________________]

☐ Plaintiff ☐ Defendant ☐ Third-Party [________________________________]

[PROPOSED] ORDER

IN THE [________________________________] COURT OF [________________________________] COUNTY, MISSISSIPPI

ORDER

THIS CAUSE having come before the Court upon the Joint Stipulation of the parties filed on [__/__/____], and the Court having considered the Stipulation, the record in this case, and the representations of counsel, and the Court finding that good cause has been shown:

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

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

2. [________________________________]

(Mirror each stipulated term as an ordered term.)

3. [________________________________]

4. [________________________________]

5. [________________________________]

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

7. The Clerk of Court is directed to serve notice of entry of this Order on all counsel of record.

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

________________________________________

Hon. [________________________________]

☐ Circuit Judge, [________________________________] County, Mississippi

☐ Chancellor, [________________________________] County, Mississippi

☐ County Judge, [________________________________] County, Mississippi

CERTIFICATE OF SERVICE

I, [________________________________], an attorney, hereby certify that on [__/__/____], I caused the foregoing STIPULATION AND [PROPOSED] ORDER to be filed and served as follows:

Electronic Filing and Service:

☐ Filed via the Mississippi Electronic Courts (MEC) system, which sent automatic electronic notice to all registered counsel of record pursuant to Miss. R. Civ. P. 5(b)(2).

Additional Service (for parties not served via MEC):

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

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

☐ Hand Delivery to:

Name: [________________________________]

Address: [________________________________]

☐ Email to:

Name: [________________________________]

Email: [________________________________]

☐ Facsimile to:

Name: [________________________________]

Fax No.: [________________________________]

/s/ [________________________________]

[________________________________] (Attorney Name)

MSB No. [________________________________]

PRACTITIONER CHECKLIST

☐ Verified all party signatures are obtained before filing — all affected parties must consent

☐ Good cause statement is specific and factual, sufficient to satisfy Miss. R. Civ. P. 6(b) and 16(b)

☐ Proposed Order mirrors the stipulated terms exactly

☐ Correct court type (Circuit/Chancery/County) is identified in the caption

☐ Mississippi Bar numbers included for all attorneys

☐ Filed via MEC using the correct docket event category

☐ Provided Word-editable version of the proposed order to chambers if requested

☐ Self-represented parties served by traditional methods if not registered on MEC

☐ Confirmed stipulation does not modify a non-waivable statutory deadline

☐ Calendar new deadlines immediately upon entry of the order

☐ Retained copy of the entered (judge-signed) order for the file

MISSISSIPPI-SPECIFIC PRACTICE NOTES

Circuit Court vs. Chancery Court

Mississippi maintains a dual trial court system. Circuit courts have general jurisdiction over civil actions at law, including tort claims and contract disputes (Miss. Code Ann. § 9-7-81). Chancery courts have jurisdiction over equity matters, including domestic relations, estates, trusts, and certain real property disputes (Miss. Code Ann. § 9-1-19). The caption and judge designation must reflect the correct court. In circuit court, the presiding judicial officer is a "Circuit Judge." In chancery court, the presiding officer is a "Chancellor."

Mississippi Electronic Courts (MEC) System

Mississippi requires electronic filing through the MEC system in all circuit and chancery courts that have implemented the system. When filing a stipulation and proposed order:

• Select the correct docket event (e.g., "Stipulation" or "Agreed Order")
• Upload the proposed order as a separate document if required by the particular court or judge
• MEC accepts "/s/ Name" electronic signatures
• Some courts may require a Word-editable version of the proposed order to be emailed directly to the judge's judicial assistant

Discovery Stipulations Under Rule 29

Under Miss. R. Civ. P. 29, the parties may by written stipulation modify discovery procedures without court approval unless the stipulation: (a) would extend the time for any discovery deadline set by court order, or (b) is inconsistent with a court order. If the stipulation modifies court-ordered deadlines, court approval is required, and this full stipulation and order format should be used.

Scheduling Order Modifications Under Rule 16

Mississippi Rule 16 authorizes the court to enter scheduling orders and requires good cause for modification. Courts generally consider: (1) whether the party seeking the modification was diligent; (2) the reason for the modification; (3) the impact on other parties; and (4) the effect on the trial date.

Sources and References

• Mississippi Rules of Civil Procedure: https://courts.ms.gov/research/rules/msrulesofcourt/rules_of_civil_procedure.pdf
• Miss. R. Civ. P. 5 — Service and filing of pleadings
• Miss. R. Civ. P. 6(b) — Enlargement of time
• Miss. R. Civ. P. 16 — Pre-trial procedure and case management
• Miss. R. Civ. P. 26 — General discovery provisions
• Miss. R. Civ. P. 29 — Stipulations regarding discovery procedure
• Miss. R. Civ. P. 41 — Dismissal of actions
• Miss. Code Ann. § 9-1-19 — Chancery court jurisdiction
• Miss. Code Ann. § 9-7-81 — Circuit court jurisdiction
• Mississippi Uniform Circuit and County Court Rules (UCCCR)
• Mississippi Uniform Chancery Court Rules (UCCR)
• Mississippi Electronic Courts (MEC): https://courts.ms.gov/mec/