State Court Stipulation and Order — North Dakota

STIPULATION AND [PROPOSED] ORDER

North Dakota District Court — General Civil Matters

IMPORTANT INSTRUCTIONS

This template is designed for use when all parties to a North Dakota civil action have reached an agreement on one or more issues and wish to memorialize that agreement as a stipulation, submitted to the Court with a proposed order for judicial adoption. Stipulations are commonly used in North Dakota district court practice for scheduling modifications, discovery agreements, continuances, case management adjustments, settlement terms, and voluntary dismissals.

North Dakota district court civil practice is governed primarily by the North Dakota Rules of Civil Procedure (N.D.R.Civ.P.) and North Dakota Supreme Court Administrative Rules. The District Court has general original jurisdiction over civil matters pursuant to N.D.C.C. § 27-05-06. Stipulations that require court approval — such as modifications to scheduling orders, continuances, and settlement orders — must be presented as a joint motion or stipulation with an attached proposed order and filed through the Odyssey File & Serve electronic filing system where required by N.D. Sup. Ct. Administrative Rule 52.

Before Filing:

☐ Confirm all parties consent to the stipulated terms in writing

☐ Verify the assigned judge's standing orders and any local administrative orders for the judicial district

☐ Confirm compliance with N.D.R.Civ.P. 7(b)(1) — motions must state the grounds and the relief sought

☐ If modifying a scheduling order, confirm compliance with N.D.R.Civ.P. 16 and demonstrate good cause for the modification

☐ Note: N.D.R.Civ.P. 41 prohibits dismissal by stipulation when a provisional remedy has been allowed — if a provisional remedy is in place, court approval is required

☐ Confirm that Odyssey File & Serve registration is current for all attorneys of record

☐ Attach any referenced exhibits, prior scheduling orders, or declarations in support

☐ Prepare an editable Word version of the proposed order if required by chambers

☐ Include a Certificate of Service reflecting service on all parties per N.D.R.Civ.P. 5

SECTION 1: CASE CAPTION

STATE OF NORTH DAKOTA

IN DISTRICT COURT

[____] JUDICIAL DISTRICT

COUNTY OF [________________________________]

(Select Court Level)

☐ District Court (General Civil Jurisdiction — per N.D.C.C. § 27-05-06)

☐ Small Claims Court (Civil jurisdiction — claims up to $15,000)

Case No.: [________________________________]

Judge Assigned: [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

Defendant(s).

SECTION 2: PARTY AND ATTORNEY IDENTIFICATION

Plaintiff's Counsel

Defendant's Counsel

Additional Parties (if applicable)

SECTION 3: STIPULATION OF THE PARTIES

COME NOW Plaintiff [________________________________] ("Plaintiff") and Defendant [________________________________] ("Defendant") (collectively, the "Parties"), by and through their respective undersigned counsel of record, and pursuant to the North Dakota Rules of Civil Procedure, respectfully submit this Stipulation and jointly request that the Court enter the attached Proposed Order. In support thereof, the Parties state as follows:

3.1 Recitals and Background

1. This action was commenced on [__/__/____] by the filing of a Complaint in the District Court of [________________________________] County, [____] Judicial District, State of North Dakota, pursuant to N.D.C.C. § 27-05-06.

2. The Court entered the following relevant Scheduling Order or prior order(s) on [__/__/____]: [________________________________].

3. The Parties have conferred in good faith and represent that the relief requested is supported by good cause pursuant to N.D.R.Civ.P. 6 and/or N.D.R.Civ.P. 16.

4. The current status of the case is as follows: [________________________________].

5. The basis for this Stipulation is as follows: [________________________________].

3.2 Stipulated Terms

The Parties hereby stipulate and agree to the following terms:

Term 1: [________________________________]

Term 2: [________________________________]

Term 3: [________________________________]

Term 4: [________________________________]

(Add or remove terms as necessary)

3.3 Type of Stipulation

(Select all that apply)

☐ Scheduling Modification — Extension or modification of deadlines set by the Court's Scheduling Order pursuant to N.D.R.Civ.P. 16. The Parties represent that good cause exists for the modification as follows: [________________________________]. Under N.D.R.Civ.P. 16, a schedule may be modified only for good cause and with the judge's consent. The requested modification ☐ will not / ☐ will affect the trial date or hearing settings.

☐ Discovery Stipulation — Modification of discovery procedures or deadlines pursuant to N.D.R.Civ.P. 29. The Parties agree that: [________________________________]. Under N.D.R.Civ.P. 29, the parties may stipulate that a deposition may be taken before any person, at any time or place, on any notice, and in the manner specified, and may modify other discovery procedures; however, a stipulation extending the time for any form of discovery must have court approval if it would interfere with the time set for completing discovery, for hearing a motion, or for trial.

☐ Continuance — The Parties jointly request a continuance of the hearing/trial currently scheduled for [__/__/____] to the next available date or a date convenient to the Court. The Parties represent that this continuance is necessary because: [________________________________].

☐ Dismissal — The Parties stipulate to dismissal of this action ☐ with prejudice / ☐ without prejudice pursuant to N.D.R.Civ.P. 41. Note: Under N.D.R.Civ.P. 41, dismissal by stipulation is prohibited when a provisional remedy has been allowed — if applicable, court approval is required. Each party shall bear its own costs and attorney fees unless otherwise specified herein.

☐ Settlement Terms — The Parties have reached a settlement agreement and stipulate to the following terms being incorporated into a court order for enforcement purposes: [________________________________].

☐ Protective Order / Confidentiality — The Parties agree to the entry of a protective order governing [________________________________] pursuant to N.D.R.Civ.P. 26(c).

☐ Expert Witness Disclosure Modification — The Parties agree to modify the expert witness disclosure schedule under N.D.R.Civ.P. 26(b)(4) as follows: Plaintiff's expert disclosures: [__/__/____]; Defendant's expert disclosures: [__/__/____]. Reason: [________________________________].

☐ Expedited Civil Action (N.D.R.Civ.P. 36) Modification — This case is subject to the expedited civil action program under N.D.R.Civ.P. 36. The Parties acknowledge that modifications to the expedited track schedule require a showing of exceptional circumstances and court approval. The basis for the requested modification is: [________________________________].

☐ Other — [________________________________]

3.4 Good Cause Statement

Good cause exists for the relief requested because: [________________________________].

The Parties represent that they have been diligent in conducting this litigation and that the need for this stipulation arises from: [________________________________].

Under N.D.R.Civ.P. 6, the court may, for good cause, extend the time within which any act required or allowed by the rules is to be done. Extensions after the original deadline has expired require a showing of excusable neglect. The Parties represent that ☐ this request is timely / ☐ the failure was the result of excusable neglect as follows: [________________________________].

3.5 Impact on Trial and Case Management

☐ This stipulation will not affect the current trial date or other pending deadlines.

☐ This stipulation will affect the following deadlines, and the Parties propose the following revised schedule:

3.6 Reservation of Rights

Nothing in this Stipulation shall be construed as a waiver of any claim, defense, right, or objection not expressly addressed herein. The Parties reserve all rights not specifically modified by this agreement.

3.7 Authority to Stipulate

Each undersigned attorney represents that he or she has full authority from his or her respective client to enter into this Stipulation and to bind said client to the terms set forth herein.

3.8 Request for Court Approval

The Parties jointly and respectfully request that the Court adopt this Stipulation as its Order pursuant to N.D.R.Civ.P. 58 and any applicable standing orders or administrative rules of the [____] Judicial District.

SECTION 4: SIGNATURE BLOCKS — PARTIES AND ATTORNEYS

DATED this [____] day of [________________________________], 20[____].

Plaintiff's Counsel

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq.

ND Bar ID No. [________________________________]

[________________________________] (Street Address)

[________________________________], North Dakota [________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Plaintiff [________________________________]

Defendant's Counsel

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq.

ND Bar ID No. [________________________________]

[________________________________] (Street Address)

[________________________________], North Dakota [________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Defendant [________________________________]

Pro Se Party (if applicable)

_______________________________________________

[________________________________] (Printed Name)

[________________________________] (Street Address)

[________________________________], North Dakota [________]

Telephone: [________________________________]

Email: [________________________________]

Pro Se ☐ Plaintiff / ☐ Defendant

Additional Party Signatures

(Reproduce this block for each additional party)

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq. / Pro Se

ND Bar ID No. [________________________________] (if applicable)

Counsel for / Pro Se [________________________________]

SECTION 5: [PROPOSED] ORDER

STATE OF NORTH DAKOTA

IN DISTRICT COURT

[____] JUDICIAL DISTRICT

COUNTY OF [________________________________]

Case No.: [________________________________]

ORDER

Upon consideration of the Parties' Joint Stipulation filed on [__/__/____], and the Court having reviewed the same and found good cause, it is hereby:

ORDERED, ADJUDGED, AND DECREED as follows:

1. The Parties' Stipulation is APPROVED and INCORPORATED herein by reference as if fully set forth.

2. [________________________________] (Restate Term 1 in operative order language)

3. [________________________________] (Restate Term 2 in operative order language)

4. [________________________________] (Restate Term 3 in operative order language)

5. [________________________________] (Additional terms as needed)

It is FURTHER ORDERED that all other deadlines, requirements, and provisions of prior orders of this Court shall remain in full force and effect unless specifically modified above.

The Clerk of Court is directed to serve a file-stamped copy of this Order on all parties of record through the Odyssey File & Serve system or by mail where required.

DATED this [____] day of [________________________________], 20[____].

_______________________________________________

Judge of the District Court

[____] Judicial District, County of [________________________________], State of North Dakota

Honorable [________________________________] (Printed Name)

SECTION 6: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I electronically filed the foregoing Stipulation and [Proposed] Order with the Clerk of Court using the Odyssey File & Serve system, which will provide electronic service notification to the following registered counsel of record:

I further certify that a true and correct copy was served by the following method on parties not registered for Odyssey File & Serve, pursuant to N.D.R.Civ.P. 5(b):

☐ U.S. Mail, first-class postage prepaid, pursuant to N.D.R.Civ.P. 5(b)(2)(C)

☐ Hand delivery pursuant to N.D.R.Civ.P. 5(b)(2)(A)

☐ Facsimile pursuant to N.D.R.Civ.P. 5(b)(2)(D)

☐ Electronic mail by written consent pursuant to N.D.R.Civ.P. 5(b)(2)(E)

upon the following:

[________________________________] (Name)

[________________________________] (Address / Email / Fax)

_______________________________________________

[________________________________]

ND Bar ID No. [________________________________]

Counsel for [________________________________]

SECTION 7: FILING AND PRACTICE CHECKLIST

Pre-Filing

☐ Obtain written confirmation of consent from all parties or their counsel before drafting the stipulation

☐ Identify the controlling N.D.R.Civ.P. rule(s) authorizing the relief (e.g., Rules 6, 16, 26(b)(4), 29, 41, 58)

☐ Review the assigned judge's standing orders and any applicable local administrative orders for the judicial district

☐ Check whether the case is subject to the expedited civil action program under N.D.R.Civ.P. 36; if so, modifications to the expedited schedule require a showing of exceptional circumstances

☐ Confirm whether any provisional remedies are in effect — dismissal by stipulation is not permitted under N.D.R.Civ.P. 41 when a provisional remedy has been allowed

☐ Confirm Odyssey File & Serve registration for all filing attorneys

☐ Draft the proposed order in a format consistent with the judge's preferences; prepare an editable Word version if directed by chambers

Filing

☐ Log in to Odyssey File & Serve and select the correct case

☐ Upload the Stipulation as the lead document with the appropriate filing code

☐ Attach the Proposed Order as a separate document

☐ Attach any supporting exhibits, declarations, or prior orders referenced in the stipulation

☐ Pay any applicable filing fees

☐ Confirm the filing is accepted and note the confirmation number

Post-Filing

☐ Verify Odyssey service notifications were transmitted to all registered counsel

☐ Serve non-Odyssey participants by mail or other authorized method under N.D.R.Civ.P. 5(b)

☐ Complete the Certificate of Service and retain a copy

☐ Calendar any new deadlines set by the stipulation

☐ Monitor the Odyssey docket for entry of the Order

☐ Upon entry of the Order, update the case management schedule and notify the client

SECTION 8: NORTH DAKOTA-SPECIFIC PRACTICE NOTES

Odyssey File & Serve — Electronic Filing

North Dakota has implemented the Odyssey File & Serve electronic filing system for district courts pursuant to N.D. Sup. Ct. Administrative Rule 52. All documents must be submitted in PDF format. Attorneys must be registered Odyssey users. Check the North Dakota Courts website (ndcourts.gov) for current e-filing requirements and participating counties.

N.D.R.Civ.P. 29 — Stipulations About Discovery Procedure

Under N.D.R.Civ.P. 29, parties may stipulate that a deposition may be taken before any person, at any time or place, on any notice, and in the manner specified, and may also stipulate to modify other discovery procedures. However, a critical limitation applies: a stipulation extending the time for any form of discovery must have court approval if it would interfere with the time set for completing discovery, for hearing a motion, or for trial. This limitation distinguishes North Dakota's Rule 29 from certain other states' analogous rules and requires careful attention when seeking to extend discovery deadlines.

N.D.R.Civ.P. 16 — Pretrial Conferences; Scheduling; Management

Under N.D.R.Civ.P. 16, the court must hold a pretrial conference when more than six months have elapsed since filing without resolution or when a party requests one in writing. The conference must be held within 60 days of the triggering event. The court issues a pretrial order after each conference that controls the course of the action. A pretrial order may only be modified to prevent manifest injustice. At least one attorney per represented party must attend and have authority to make agreements at any pretrial conference.

N.D.R.Civ.P. 41 — Dismissal of Actions

Under N.D.R.Civ.P. 41, a plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves an answer or a motion for summary judgment; or by filing a stipulation of dismissal signed by all parties who have appeared. A critical distinction from the Federal Rule: N.D.R.Civ.P. 41 prohibits dismissal by stipulation under subdivision (a) when a provisional remedy has been allowed. In such cases, court approval is required. If costs are at issue, address them expressly in the stipulation.

N.D.R.Civ.P. 36 — Expedited Civil Action Program

North Dakota's N.D.R.Civ.P. 36 establishes an expedited civil action program with compressed discovery and trial deadlines. Cases subject to Rule 36 follow a different scheduling regime. Modifications to the expedited track schedule require a showing of exceptional circumstances rather than the standard good cause showing applicable to general civil cases. Counsel should verify whether their case is subject to Rule 36 before preparing a stipulation.

N.D.R.Civ.P. 6 — Computing and Extending Time

Under N.D.R.Civ.P. 6, the court may, for good cause, extend the time within which any act required or allowed is to be done. Extensions after the deadline has expired require a motion and a showing of excusable neglect. Stipulations requesting extensions of court-imposed deadlines should cite N.D.R.Civ.P. 6 and articulate the specific good cause or excusable neglect basis.

N.D.R.Civ.P. 26(b)(4) — Expert Witness Disclosures

Expert witness disclosures under N.D.R.Civ.P. 26(b)(4) are typically governed by deadlines established in the scheduling order. Expert disclosure modifications that are tied to scheduling order deadlines require court approval under N.D.R.Civ.P. 16. Expert reports must be produced and signed by the testifying expert, and the scope of disclosure required under Rule 26(b)(4) should be addressed in any expert disclosure schedule modification.

N.D.C.C. § 27-05-06 — District Court Jurisdiction

North Dakota district courts have original jurisdiction in all civil actions pursuant to N.D.C.C. § 27-05-06. The state is divided into judicial districts, each serving one or more counties.

Sources and References

• North Dakota Rules of Civil Procedure (complete text): ndcourts.gov — NDRCivP
• N.D.R.Civ.P. 16: ndcourts.gov Rule 16
• N.D.R.Civ.P. 29: ndcourts.gov Rule 29
• North Dakota Century Code § 27-05-06: ndlegis.gov
• North Dakota Supreme Court Administrative Rules: ndcourts.gov — Rules
• Odyssey File & Serve — North Dakota Courts: ndcourts.gov
• State Bar Association of North Dakota: sband.org

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney before use.