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

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. GROUNDS FOR REQUESTED ORDER (IF COURT ACTION IS NEEDED)

5. The parties request entry of the proposed order for the following reasons:

[________________________________]

[________________________________]

[________________________________]

Before filing: If the request is to enlarge a period governed by Miss. R. Civ. P. 6(b), state the cause. A request made after that period expired must be by motion and must show excusable neglect. Identify any court-set discovery, motion-hearing, or trial date affected by a discovery stipulation under Rule 29. Identify the existing order and the relief sought.

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: "Responses identifying expected expert witnesses under Miss. R. Civ. P. 26(b)(4) shall be served by the following dates: Plaintiff by [__/__/____]; Defendant 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 — Pretrial conference and resulting order

☐ Miss. R. Civ. P. 26(d) — Protective order on motion and good cause

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

☐ Miss. R. Civ. P. 41(a)(2) — Dismissal by court order (if applicable)

☐ Applicable local 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. Where court approval is required or requested, the parties respectfully request entry of the Proposed Order below. A Rule 41(a)(1)(ii) dismissal stipulation signed by all parties who appeared may be filed without a court order, subject to Rule 41 and applicable statute.

IX. PARTY SIGNATURES

Plaintiff's Counsel:

Dated: [__/__/____]

[________________________________] (Law Firm Name)

By: [________________________________] (signature)

[________________________________] (Attorney Name)

MSB No. [________________________________]

[________________________________] (Address)

[________________________________], Mississippi [____]

Telephone: [________________________________]

Email: [________________________________]

Attorney for Plaintiff [________________________________]

Defendant's Counsel:

Dated: [__/__/____]

[________________________________] (Law Firm Name)

By: [________________________________] (signature)

[________________________________] (Attorney Name)

MSB No. [________________________________]

[________________________________] (Address)

[________________________________], Mississippi [____]

Telephone: [________________________________]

Email: [________________________________]

Attorney for Defendant [________________________________]

Additional Party Counsel (if applicable):

Dated: [__/__/____]

[________________________________] (Law Firm Name)

By: [________________________________] (signature)

[________________________________] (Attorney Name)

MSB No. [________________________________]

[________________________________] (Address)

[________________________________], Mississippi [____]

Telephone: [________________________________]

Email: [________________________________]

Attorney for [________________________________]

Self-Represented Party (if applicable):

Dated: [__/__/____]

By: [________________________________] (signature)

[________________________________] (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 Stipulation filed on [__/__/____], and the Court having considered the Stipulation and the record, finds that [________________________________]:

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 filing party shall serve the entered Order on the parties as required by Miss. R. Civ. P. 5 and any applicable electronic-court procedures.

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 through a court using the Mississippi Electronic Courts (MEC) system; service made under that court's MEC procedures on: [________________________________].

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 or other electronic transmission, with receipt acknowledgment, to:

Name: [________________________________]

Email: [________________________________]

☐ Facsimile, with receipt acknowledgment, to:

Name: [________________________________]

Fax No.: [________________________________]

[________________________________] (signature)

[________________________________] (Attorney Name)

MSB No. [________________________________]

PRACTITIONER CHECKLIST

☐ Obtained the signatures needed for the stipulation, including all parties who appeared if using Rule 41(a)(1)(ii)

☐ If enlarging a Rule 6(b) period, stated cause and, for an expired period, moved on excusable neglect

☐ Proposed Order mirrors the stipulated terms exactly

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

☐ Attorney identification and bar numbers supplied as required by the filing court

☐ Checked the filing court's current filing and service procedures

☐ Provided an editable proposed order to chambers if requested

☐ Confirmed service on unrepresented parties under Rule 5 or the court's MEC procedures

☐ 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

The circuit court has original jurisdiction over civil matters not vested by the Constitution in another court (Miss. Const. art. 6, § 156). Chancery courts have jurisdiction over equity, divorce and alimony, estate administration, and specified real-property matters (Miss. Const. art. 6, §§ 159-160). Use the caption and judicial title of the court where this action is pending.

Mississippi Electronic Courts (MEC) System

Rule 5(b)(2) directs service in courts that have adopted MEC to that court's MEC procedures. Rule 5(e)(2) permits electronic filing and signing only as allowed by local rule and those procedures. Check the filing court's current instructions for submission of the proposed order, signatures, service, and proof of service.

Discovery Stipulations Under Rule 29

Under Miss. R. Civ. P. 29, parties may stipulate in writing to the listed deposition arrangements or modify procedures for other discovery methods unless the court orders otherwise. A stipulation extending time for discovery needs court approval if it would interfere with the time set for completing discovery, hearing a motion, or trial. Check the existing order before using a stipulation alone.

Scheduling Order Modifications Under Rule 16

Rule 16 permits a pretrial conference and an order recording the action taken and agreements made there. It says that such an order controls the later course of the action unless modified at trial to prevent manifest injustice. For a requested change before trial, identify the existing order, explain the requested relief, and obtain the court's ruling where required.

Sources and References

• Mississippi Rules of Civil Procedure (effective July 1, 2026): https://courts.ms.gov/research/rules/msrulesofcourt/2026-07-01%20Rules%20of%20Civil%20Procedure%20with%20Advisory%20Committee%20Notes%20(with%20Forms%206-8%20attached).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 — Pretrial procedure
• Miss. R. Civ. P. 26(b)(4), (d) — Expert discovery and protective orders
• Miss. R. Civ. P. 29 — Stipulations regarding discovery procedure
• Miss. R. Civ. P. 41(a) — Voluntary dismissal
• Miss. Const. art. 6, §§ 156, 159-160 — Circuit and chancery court jurisdiction