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

STIPULATION AND [PROPOSED] ORDER

North Carolina Superior Court -- General Civil Matters

CAPTION

STATE OF NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

[________________________________] COUNTY

Attorney Information (Filing Party):

[________________________________]
(Name of Attorney)
North Carolina State Bar No. [________________________________]

[________________________________]
(Name of Law Firm)

[________________________________]
(Street Address)

[________________________________], North Carolina [____]
(City, State, ZIP)

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

Attorney for [________________________________]
(Party Name and Designation)

STIPULATION OF THE PARTIES

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

I. RECITALS AND PROCEDURAL BACKGROUND

1. This civil action is pending in the General Court of Justice, Superior Court Division, [________________________________] County, North Carolina, bearing File No. [________________________________].

2. The Court entered a Case Management Order on [__/__/____] pursuant to N.C. Gen. Stat. Section 1A-1, Rule 16, and the General Rules of Practice for the Superior and District Courts, establishing the following deadlines:

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

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

c. Expert report exchange: [__/__/____]

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

e. Mediation completion: [__/__/____]

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

g. Calendar call / trial term: [__/__/____]

3. The parties, through counsel, have conferred in good faith and have reached the agreement set forth herein, which they believe serves the interests of justice and promotes the efficient resolution of this matter.

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

II. STIPULATED TERMS

Subject to Court approval, the parties stipulate and agree as follows:

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

Term 2. [________________________________]
(e.g., "Expert reports pursuant to N.C. Gen. Stat. Section 1A-1, Rule 26(b)(4) shall be exchanged no later than [__/__/____], and rebuttal expert reports no later than [__/__/____].")

Term 3. [________________________________]
(e.g., "The mediation deadline is extended from [__/__/____] to [__/__/____], and mediation shall be conducted by [________________________________].")

Term 4. [________________________________]
(e.g., "The dispositive motion filing deadline is extended to [__/__/____], with responses due [____] days after service.")

Term 5. [________________________________]
(e.g., "The pretrial conference currently scheduled for [__/__/____] is continued to [__/__/____], subject to the Court's calendar.")

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

III. GOOD CAUSE AND AUTHORITY

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

a. N.C. Gen. Stat. Section 1A-1, Rule 6(b), which provides that when an act is required to be done within a specified time, the court may, for cause shown, at any time in its discretion, order the period enlarged if the request is made before the expiration of the period originally prescribed. The parties may also stipulate to extensions not exceeding 30 days in the aggregate without court approval;

b. N.C. Gen. Stat. Section 1A-1, Rule 16, which authorizes the court to conduct pretrial conferences, issue case management orders, and modify such orders for good cause shown;

c. N.C. Gen. Stat. Section 1A-1, Rule 29, which permits the parties by written stipulation to modify discovery procedures, including the time and manner of taking depositions and other discovery;

d. N.C. Gen. Stat. Section 1A-1, Rule 26, which governs general discovery provisions and permits modification by stipulation or court order;

e. The General Rules of Practice for the Superior and District Courts, promulgated by the Supreme Court of North Carolina pursuant to N.C. Gen. Stat. Section 7A-34.

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.

☐ Depositions of key witnesses have not yet been completed due to [________________________________].

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

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

☐ Mediation has been scheduled but cannot be completed within the current deadline.

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

☐ Other: [________________________________].

7. The requested modification ☐ will / ☐ will not require a change to the current trial calendar setting. (If the trial calendar is affected, provide specific justification and contact the Trial Court Coordinator.)

IV. LIMITATION ON STIPULATED EXTENSIONS

8. Pursuant to N.C. Gen. Stat. Section 1A-1, Rule 6(b), the parties acknowledge that they may agree to extensions of time not exceeding 30 days in the aggregate without court approval for acts required under the Rules of Civil Procedure. Extensions exceeding this aggregate, or extensions of court-ordered deadlines, require court approval.

9. This Stipulation ☐ is / ☐ is not within the 30-day aggregate limitation. (If this stipulation exceeds the 30-day aggregate, court approval is required.)

V. RESERVATION OF RIGHTS

10. 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 [__/__/____].

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

12. Nothing in this Stipulation shall be construed as an admission of liability, fault, or the merit or lack of merit of any claim or defense.

13. The parties acknowledge that this Stipulation does not extend the time for taking any action under Rules 50(b), 52, 59(b), (d), (e), or 60(b) of the Rules of Civil Procedure, as such extensions are expressly prohibited by Rule 6(b).

VI. REQUEST FOR ORDER

14. WHEREFORE, the parties respectfully request that this Honorable Court:

a. Approve this Stipulation in its entirety;

b. Enter the [Proposed] Order attached hereto incorporating the stipulated terms; and

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

SIGNATURES OF COUNSEL

Respectfully submitted this [____] day of [________________________________], 20[____].

[________________________________]
(Name of Law Firm)

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

Attorney for Plaintiff, [________________________________]

[________________________________]
(Name of Law Firm)

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

Attorney for Defendant, [________________________________]

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

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

Attorney for [________________________________]
(Party Designation)

[PROPOSED] ORDER

STATE OF NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

[________________________________] COUNTY

ORDER

THIS MATTER coming before the Court upon the Stipulation of the Parties, and the Court having reviewed the Stipulation, the file, and the record herein, and good cause appearing therefor:

IT IS HEREBY ORDERED that:

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 and shall promptly notify the Court and the Trial Court Coordinator of any inability to do so.

This the [____] day of [________________________________], 20[____].

[________________________________]
Superior Court Judge Presiding

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a copy of the foregoing Stipulation and [Proposed] Order was served upon all counsel of record and all unrepresented parties by the following method(s), in compliance with N.C. Gen. Stat. Section 1A-1, Rule 5(b):

☐ Electronic service through the North Carolina eCourts File & Serve system to all registered counsel of record.

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

[________________________________]
[________________________________]
[________________________________]

☐ Hand delivery to:

[________________________________]
[________________________________]
[________________________________]

☐ Facsimile transmission to [________________________________] at [________________________________].

☐ Electronic mail to [________________________________] at [________________________________].

☐ Service by designated delivery service pursuant to N.C. Gen. Stat. Section 1A-1, Rule 5(b)(2c).

[________________________________]
(Signature)

[________________________________]
(Printed Name)
North Carolina State Bar No. [________________________________]

NORTH CAROLINA-SPECIFIC PRACTICE NOTES

Court Structure and Filing

• North Carolina trial courts are organized under the General Court of Justice, which includes the Superior Court Division (general jurisdiction) and the District Court Division (limited jurisdiction). Civil actions above certain thresholds are filed in Superior Court.

• The caption must include "STATE OF NORTH CAROLINA," "IN THE GENERAL COURT OF JUSTICE," "SUPERIOR COURT DIVISION," and the county name. North Carolina uses "File No." rather than "Case No." in many counties.

• North Carolina is transitioning to the eCourts system (Odyssey-based). eCourts File & Serve is the electronic filing platform. Check whether the specific county has been migrated to eCourts, as implementation is being rolled out in waves.

• Document naming standards for eCourts filings are published on the North Carolina Judicial Branch website (www.NCcourts.gov/ecourts).

Stipulation Rules -- Key Provisions

• Rule 6(b) -- 30-Day Aggregate Limit: Parties may stipulate to extensions of time without court approval, but the total aggregate extension cannot exceed 30 days. This is a unique North Carolina provision. Beyond 30 days, or for modifications to court-ordered deadlines, court approval is required.

• Rule 6(b) -- Non-Extendable Deadlines: The court and the parties may NOT extend the time for taking action under Rules 50(b) (judgment notwithstanding the verdict), 52 (findings of fact), 59(b), (d), (e) (new trial), or 60(b) (relief from judgment). Any stipulation attempting to extend these deadlines is void.

• Rule 29 -- Discovery Stipulations: Parties may, by written stipulation, modify discovery procedures including the timing and manner of depositions, interrogatories, and document requests, without court approval. However, stipulations cannot override court orders or local rules.

• Rule 16 -- Pretrial and Case Management: The court may conduct pretrial conferences and issue case management orders. Modifications to case management orders require good cause shown and court approval.

Mediation Requirements

• North Carolina requires mediation in most Superior Court civil actions pursuant to N.C. Gen. Stat. Section 7A-38.1 and the Rules Implementing Statewide Mediated Settlement Conferences. If the stipulation affects the mediation deadline, the parties should address mediation compliance.

• The mediator must be certified by the North Carolina Dispute Resolution Commission.

Trial Calendar and Coordination

• Superior Court cases are placed on the trial calendar by the Senior Resident Superior Court Judge or the Trial Court Coordinator. Stipulations that affect the trial calendar should be coordinated with the Trial Court Coordinator.

• The phrase "This the ___ day of ___" is the traditional North Carolina order dating format (note the absence of "on" before "This").

Service Requirements

• Service of papers after the initial complaint is governed by N.C. Gen. Stat. Section 1A-1, Rule 5(b), which permits service by:
• Delivering a copy to the attorney or party
• Mailing a copy to the attorney's or party's last known address
• Transmitting by facsimile
• Delivering by designated delivery service

• Electronic service through eCourts File & Serve (for registered users)

• Filing through eCourts File & Serve constitutes service on all registered counsel. Non-registered parties must be served by alternative means.

Consent Orders vs. Stipulations

• In North Carolina practice, a "consent order" is an order agreed to by all parties and entered by the court. A "stipulation" is the parties' agreement, which may or may not be incorporated into a court order. For modifications to case management orders, a stipulation with a proposed order is the standard practice.

• Some local rules require consent orders to be presented at a calendar call or scheduling hearing rather than submitted ex parte.

Sources and References

• North Carolina General Statutes, Chapter 1A (Rules of Civil Procedure) -- available at NC Legislature
• General Rules of Practice for the Superior and District Courts -- available at NC Courts
• North Carolina eCourts information -- available at NC Courts
• N.C. Gen. Stat. Section 1A-1, Rule 5 (Service and Filing) -- available at NC Legislature
• N.C. Gen. Stat. Section 1A-1, Rule 26 (Discovery) -- available at NC Legislature
• Rules Implementing Statewide Mediated Settlement Conferences -- available at NC Courts