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

STIPULATION AND [PROPOSED] ORDER

New Jersey Superior Court — General Civil Matters

I. ATTORNEY IDENTIFICATION BLOCK

Filing Attorney Information:

Name: [________________________________]

Attorney ID No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________], New Jersey [____]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

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

II. COURT CAPTION

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION: [________________________________] COUNTY

DOCKET NO. [________________________________]

CIVIL ACTION

Track Assignment: ☐ Track I (150 days) ☐ Track II (300 days) ☐ Track III (450 days) ☐ Track IV (Expedited)

STIPULATION

The undersigned parties, by and through their respective counsel, hereby stipulate and agree as follows:

III. RECITALS AND PROCEDURAL BACKGROUND

1. This civil action was commenced on [__/__/____] by filing of a Complaint in the Superior Court of New Jersey, Law Division, [________________________________] County.

2. This matter is assigned to the Honorable [________________________________], J.S.C., and is designated as a Track [____] case under R. 4:5A-1.

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

a. Discovery end date: [__/__/____]

b. Plaintiff's expert reports due: [__/__/____]

c. Defendant's responsive expert reports due: [__/__/____]

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

e. Arbitration / mediation date: [__/__/____]

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

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

[________________________________]

[________________________________]

IV. GOOD CAUSE STATEMENT (R. 4:24-1(c))

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

[________________________________]

[________________________________]

[________________________________]

Note to Practitioner: Under R. 4:24-1(c), an extension of discovery beyond the discovery end date established by the track assignment requires "exceptional circumstances." For extensions within the discovery period, the standard is "good cause." Consensual extensions of up to 60 days may be obtained by stipulation filed before the discovery period expires, pursuant to R. 4:24-1(a). Extensions beyond 60 days require a court order. The good cause or exceptional circumstances statement must identify specific factual grounds, not mere convenience or stipulation of the parties.

V. STIPULATED TERMS

The parties agree to the following terms:

Term 1:

6. [________________________________]

(Example: "The discovery end date is extended from [__/__/____] to [__/__/____], a period of [____] days.")

☐ This extension is within 60 days and may be effectuated by stipulation alone under R. 4:24-1(a).

☐ This extension exceeds 60 days and requires Court approval.

Term 2:

7. [________________________________]

(Example: "Plaintiff's expert reports pursuant to R. 4:17-4(e) shall be served by [__/__/____]. Defendant's responsive expert reports shall be served by [__/__/____].")

Term 3:

8. [________________________________]

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

Term 4:

9. [________________________________]

(Example: "Dispositive motions pursuant to R. 4:46 shall be filed by [__/__/____] and shall be returnable on the first available motion day thereafter.")

Term 5:

10. [________________________________]

(Example: "The matter shall be submitted to arbitration / mediation by [__/__/____].")

Additional Terms:

11. [________________________________]

12. [________________________________]

VI. AUTHORITY FOR STIPULATION

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

☐ R. 4:24-1(a) — Consensual extension of discovery (up to 60 days, filed before expiration of discovery period)

☐ R. 4:24-1(c) — Extension of discovery for exceptional circumstances (requires court order)

☐ R. 1:6-2 — Motion practice; consent orders

☐ R. 4:5B — Modification of case management order

☐ R. 4:36-3 — Pre-trial conference and pre-trial order modifications

☐ R. 4:17-4(e) — Expert report exchange schedule modifications

☐ Vicinage-specific local rule or practice: [________________________________]

☐ Other: [________________________________]

14. The parties represent that:

a. Counsel have conferred orally regarding the terms of this Stipulation as required by R. 1:6-2(c);

b. All parties consent to the terms set forth herein;

c. The relief requested does not prejudice the rights of any party;

d. The relief requested does not affect any non-waivable statutory deadline; and

e. The Stipulation is consistent with the orderly administration of justice.

VII. PRESERVATION OF RIGHTS

15. Except as expressly modified by this Stipulation, the existing Case Management Order dated [__/__/____] remains 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.

VIII. REQUEST FOR ENTRY OF ORDER

19. The parties respectfully request that the Court enter the Proposed Order set forth below.

☐ This Stipulation is unopposed by all parties.

☐ This Stipulation is opposed by [________________________________] as to the following terms: [________________________________].

IX. CERTIFICATION PURSUANT TO R. 1:4-8

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

X. PARTY SIGNATURES

Plaintiff's Counsel:

Dated: [__/__/____]

[________________________________] (Law Firm Name)

By: /s/ [________________________________]

[________________________________] (Attorney Name)

Attorney ID No. [________________________________]

[________________________________] (Address)

[________________________________], New Jersey [____]

Telephone: [________________________________]

Email: [________________________________]

Attorney for Plaintiff [________________________________]

Defendant's Counsel:

Dated: [__/__/____]

[________________________________] (Law Firm Name)

By: /s/ [________________________________]

[________________________________] (Attorney Name)

Attorney ID No. [________________________________]

[________________________________] (Address)

[________________________________], New Jersey [____]

Telephone: [________________________________]

Email: [________________________________]

Attorney for Defendant [________________________________]

Additional Party Counsel (if applicable):

Dated: [__/__/____]

[________________________________] (Law Firm Name)

By: /s/ [________________________________]

[________________________________] (Attorney Name)

Attorney ID No. [________________________________]

[________________________________] (Address)

[________________________________], New Jersey [____]

Telephone: [________________________________]

Email: [________________________________]

Attorney for [________________________________]

Self-Represented Party (if applicable):

Dated: [__/__/____]

By: /s/ [________________________________]

[________________________________] (Printed Name)

[________________________________] (Address)

[________________________________], New Jersey [____]

Telephone: [________________________________]

Email: [________________________________]

☐ Plaintiff ☐ Defendant ☐ Third-Party [________________________________]

[PROPOSED] ORDER

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION: [________________________________] COUNTY

DOCKET NO. [________________________________]

ORDER

THIS MATTER having been opened to the Court by consent of the parties, and the Court having reviewed the Stipulation filed on [__/__/____], and good cause having been shown:

IT IS on this [____] day of [________________________________], 20[____], ORDERED 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 Order dated [__/__/____] shall remain in full force and effect.

7. The discovery end date is hereby ☐ extended / ☐ not modified.

________________________________________

Hon. [________________________________], J.S.C.

☐ Opposed

☐ Unopposed

CERTIFICATION OF SERVICE

I 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 New Jersey eCourts system, which automatically served all registered counsel of record pursuant to R. 1:5-2 and R. 1:5-6(c).

Additional Service (for parties not served via eCourts):

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

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

☐ Hand Delivery to:

Name: [________________________________]

Address: [________________________________]

☐ Email (with prior consent pursuant to R. 1:5-2) to:

Name: [________________________________]

Email: [________________________________]

☐ Facsimile to:

Name: [________________________________]

Fax No.: [________________________________]

/s/ [________________________________]

[________________________________] (Attorney Name)

Attorney ID No. [________________________________]

PRACTITIONER CHECKLIST

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

☐ Counsel have conferred orally as required by R. 1:6-2(c) before submitting the stipulation

☐ Good cause / exceptional circumstances statement is specific and factual

☐ For discovery extensions: confirmed whether the extension is within 60 days (stipulation alone under R. 4:24-1(a)) or exceeds 60 days (requires court order)

☐ Stipulation filed before the discovery end date expires (required for consensual extensions under R. 4:24-1(a))

☐ Proposed Order mirrors the stipulated terms exactly

☐ Track assignment (I, II, III, or IV) is identified in the caption

☐ Attorney ID numbers included for all attorneys

☐ Filed via eCourts using the correct case document type

☐ If required by the vicinage, provided Word-editable version of the proposed order to chambers

☐ Marked "Opposed" or "Unopposed" on the proposed order

☐ Self-represented parties served by traditional methods if not registered on eCourts (R. 1:5-2)

☐ 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

☐ Included R. 1:4-8 certification (New Jersey equivalent of verification)

NEW JERSEY-SPECIFIC PRACTICE NOTES

Track Assignments and Discovery Periods (R. 4:5A-1 and R. 4:24-1)

New Jersey civil cases are assigned to discovery tracks that govern the time for completion of discovery:

• Track I — 150 days from service of the answer (simple cases)
• Track II — 300 days from service of the answer (standard cases)
• Track III — 450 days from service of the answer (complex cases)
• Track IV — Expedited (e.g., summary actions, certain tenancy disputes)

The discovery end date is calculated from the date of service of the answer. Extensions within 60 days may be obtained by written consent of all parties filed before the discovery period expires. Extensions beyond 60 days, or extensions sought after the discovery period has expired, require a motion showing "exceptional circumstances" under R. 4:24-1(c).

Consensual Extensions Under R. 4:24-1(a)

The parties may consent to extend the time for discovery for an additional 60 days by:

• Stipulation filed with the court, OR
• Submission of a writing signed by one party and copied to all parties, representing that all parties have consented to the extension.

The consensual extension must be sought prior to the expiration of the discovery period. Only one 60-day consensual extension is permitted.

Certification Requirement (R. 1:4-8)

New Jersey practice uses "certifications" rather than affidavits for most court filings. A certification under R. 1:4-8 carries the same force and effect as an affidavit and subjects the certifier to penalties for false statements. Include the R. 1:4-8 certification language in the stipulation when factual representations are made.

Expert Reports (R. 4:17-4(e))

If the stipulation modifies expert report deadlines, note that R. 4:17-4(e) requires expert reports to be served within the discovery period. The report must contain: the expert's qualifications, facts and data relied upon, opinions to be expressed, and the basis for those opinions. Failure to serve a timely expert report may result in the expert's testimony being barred at trial.

eCourts Filing System

New Jersey requires electronic filing through the eCourts system in all Superior Court civil cases. When filing a stipulation and proposed order:

• Select the appropriate document type (e.g., "Stipulation" or "Consent Order")
• Upload the proposed order as a separate document if required by the vicinage
• eCourts accepts "/s/ Name" electronic signatures pursuant to R. 1:5-6(c)(1)(B)
• Some vicinages may require a Word-editable version of the proposed order emailed to the judge's chambers

Motion Day Practice

If the stipulation requires court approval (e.g., extensions exceeding 60 days), the proposed order may need to be submitted on a regular motion day. Under R. 1:6-2, motions in the Superior Court are returnable on noticed motion days unless the court directs otherwise. Consent orders may often be submitted without a hearing if all parties have signed.

Sources and References

• New Jersey Court Rules: https://www.njcourts.gov/attorneys/rules-of-court
• R. 1:4-8 — Certification in lieu of oath
• R. 1:5-1 — Service; when required
• R. 1:5-2 — Manner of service
• R. 1:5-6 — Filing
• R. 1:6-2 — Form, filing, and service of motions
• R. 4:5A-1 — Track assignments
• R. 4:5B — Case management conferences
• R. 4:17-4(e) — Expert reports
• R. 4:24-1 — Time for completion of discovery (including 60-day consensual extension provision)
• R. 4:36-3 — Pre-trial conference and order
• R. 4:46 — Summary judgment
• New Jersey eCourts: https://www.njcourts.gov/attorneys/ecourts