State Court Stipulation and Order — Ohio

STIPULATION AND [PROPOSED] ORDER

Ohio Court of Common Pleas — General Civil Division

IMPORTANT INSTRUCTIONS

This template is designed for use when all parties to an Ohio civil action have reached an agreement on procedural or substantive matters and wish to submit that agreement to the court as a stipulation with a proposed order for judicial adoption. Under Ohio practice, stipulations are commonly used to modify scheduling orders, extend discovery deadlines, continue hearings, agree upon discovery protocols, and memorialize settlement terms.

Ohio courts of common pleas have general jurisdiction over civil matters. Each county's Court of Common Pleas may have local rules supplementing the Ohio Rules of Civil Procedure. Always check the applicable county's local rules and any standing scheduling orders before filing. Note that Ohio Civ.R. 16, governing pretrial procedure and scheduling orders, was substantially amended effective July 1, 2024, to align more closely with federal practice and to require courts to issue scheduling orders at the outset of civil litigation.

Before Filing:

☐ Confirm all parties have reviewed and consented to the stipulated terms in writing

☐ Verify the assigned judge's individual practices and chambers requirements for stipulations and proposed orders

☐ Confirm compliance with Ohio Civ.R. 16 and the governing Scheduling Order if the stipulation modifies case management deadlines

☐ Check the applicable county's local rules for formatting, service, or submission requirements

☐ Determine whether e-filing is available or required through the county's e-filing portal consistent with Ohio Sup.R. 45

☐ Prepare a proposed order in editable format (Word) if required by the assigned judge or local rules

☐ Attach any referenced exhibits, prior scheduling orders, or supporting declarations

☐ Determine whether the Scheduling Order requires court approval (rather than mere stipulation) for any requested modification

☐ Verify current case number format for the specific county court

☐ Confirm compliance with Ohio Civ.R. 29 if the stipulation modifies discovery procedures or deadlines

SECTION 1: CASE CAPTION

IN THE COURT OF COMMON PLEAS

[________________________________] COUNTY, OHIO

(Select applicable division, if the county designates divisions)

☐ General Division

☐ Domestic Relations Division (if applicable)

☐ Probate Division (if applicable)

☐ Juvenile Division (if applicable)

☐ Other: [________________________________]

Case No.: [________________________________]

Judge: [________________________________]

Magistrate: [________________________________] (if applicable)

[________________________________],

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 Ohio Rules of Civil Procedure and any applicable local rules of [________________________________] County, 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 Court of Common Pleas of [________________________________] County, Ohio.

2. The case is assigned to the Honorable [________________________________], Judge of the Court of Common Pleas.

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

4. The current Scheduling Order, dated [__/__/____], governs the following deadlines pursuant to Ohio Civ.R. 16 (as amended effective July 1, 2024):

• Deadline to Join Additional Parties: [__/__/____]
• Deadline to Amend Pleadings: [__/__/____]
• Fact Discovery Cutoff: [__/__/____]
• Expert Disclosures (Plaintiff) pursuant to Ohio Civ.R. 26(E): [__/__/____]
• Expert Disclosures (Defendant) pursuant to Ohio Civ.R. 26(E): [__/__/____]
• Dispositive Motion Deadline (Ohio Civ.R. 56): [__/__/____]
• Final Pretrial Conference: [__/__/____]
• Trial Date: [__/__/____]

5. The Parties have conferred in good faith and have agreed upon the terms set forth below.

6. 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: [________________________________]

Term 5: [________________________________]

(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 under Ohio Civ.R. 16. Under the 2024 amendments to Ohio Civ.R. 16, scheduling orders must be issued within the earlier of 90 days after a defendant has been served or 60 days after any defendant has responded to the complaint. The Parties represent that the requested modification ☐ will not / ☐ will affect the current trial date. If modification of the trial date is required, the Parties propose a new trial date of [__/__/____] or the first available date thereafter convenient to the Court.

☐ Discovery Stipulation — Modification of discovery procedures or deadlines pursuant to Ohio Civ.R. 29. Expert disclosure deadlines are governed by Ohio Civ.R. 26(E). The Parties agree that: [________________________________]. Note: Pursuant to Ohio Civ.R. 29, stipulations extending the time provided by the Ohio Rules for responses to discovery may be made only with court approval if they would interfere with any time set for completion of discovery, for hearing of a motion, or for trial.

☐ Continuance — The Parties jointly request that the hearing/conference/trial currently scheduled for [__/__/____] be continued to [__/__/____] or the first available date thereafter convenient to the Court, for the following reason: [________________________________]

☐ Voluntary Dismissal — The Parties stipulate to the voluntary dismissal of this action ☐ with prejudice / ☐ without prejudice pursuant to Ohio Civ.R. 41(A), with each party to bear its own costs and attorney fees unless otherwise stated herein. A notice of dismissal or stipulation of dismissal signed by all parties who have appeared shall be filed with the Clerk of Courts.

☐ Settlement Terms — The Parties have reached a settlement agreement and request that the following terms be incorporated into a court order: [________________________________]

☐ Confidentiality / Protective Order — The Parties agree to the entry of a confidentiality order governing [________________________________] pursuant to Ohio Civ.R. 26(C).

☐ Summary Judgment Matters — This stipulation addresses summary judgment briefing schedules or other matters relating to Ohio Civ.R. 56, including: [________________________________]

☐ Final Pretrial Conference Matters — This stipulation addresses matters to be raised at the Final Pretrial Conference, including proposed jury instructions, exhibit lists, and witness lists pursuant to the Court's Pretrial Order: [________________________________]

☐ Other — [________________________________]

3.4 Good Cause Statement

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

The Parties represent that this Stipulation is not made for the purpose of delay, is not the result of lack of diligence, and is consistent with the just, speedy, and inexpensive determination of the action pursuant to Ohio Civ.R. 1(B). Under Ohio Civ.R. 6(B), enlargements of time for cause shown are within the Court's sound discretion.

3.5 Impact on Schedule

☐ 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 County-Specific Filing Requirements

(Identify the applicable county and confirm compliance)

☐ Cuyahoga County — Civil actions in the Cuyahoga County Court of Common Pleas are subject to Cuyahoga County Local Rules. E-filing is available through the county e-filing portal. The Court maintains specialized commercial dockets and specific chambers rules. Proposed orders should comply with the assigned judge's individual requirements.

☐ Franklin County — Actions in the Franklin County Court of Common Pleas are subject to Franklin County Local Rules and the Civil Practice Guidelines published by the Court. E-filing is available. Proposed orders in Word format may be required by the assigned judge.

☐ Hamilton County — Subject to Hamilton County Court of Common Pleas local rules. E-filing available through the county portal. The Court has a separate Commercial Docket for eligible commercial disputes.

☐ Summit County — Subject to Summit County Court of Common Pleas local rules. E-filing available through the county's e-filing system.

☐ Montgomery County — Subject to Montgomery County Court of Common Pleas local rules. E-filing available; proposed orders in editable format may be required.

☐ Other County: [________________________________] — Subject to [________________________________] County Court of Common Pleas Local Rules. Specific requirements: [________________________________]

3.7 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 expressly reserve all rights not specifically modified by this agreement, including but not limited to all claims and defenses asserted in the pleadings.

3.8 Authority to Stipulate

Each undersigned attorney represents that he or she is duly licensed to practice law in the State of Ohio, is in good standing with the Ohio Supreme Court, has full authority from his or her respective client to enter into this Stipulation, and has the authority to bind said client to the terms set forth herein.

3.9 Governing Rules

This Stipulation is governed by and submitted in accordance with the Ohio Rules of Civil Procedure, including Ohio Civ.R. 6(B), 16, 29, and any applicable local rules of [________________________________] County.

3.10 Request for Court Approval

The Parties jointly and respectfully request that the Court adopt this Stipulation as its Order and enter the Proposed Order set forth in Section 5 below. The Parties understand that under Ohio Sup.R. 5, the Court retains authority over case management, and that the Court's approval of this Stipulation is necessary to modify the operative Scheduling Order.

SECTION 4: SIGNATURE BLOCKS — PARTIES AND ATTORNEYS

RESPECTFULLY SUBMITTED this [____] day of [________________________________], 20[____].

Plaintiff's Counsel

By: _______________________________________________

[________________________________]

Ohio Supreme Court Registration No. [________________________________]

[________________________________] (Firm Name)

[________________________________] (Street Address)

[________________________________], Ohio [____]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Plaintiff [________________________________]

Defendant's Counsel

By: _______________________________________________

[________________________________]

Ohio Supreme Court Registration No. [________________________________]

[________________________________] (Firm Name)

[________________________________] (Street Address)

[________________________________], Ohio [____]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Defendant [________________________________]

Additional Party or Pro Se Party (if applicable)

By: _______________________________________________

[________________________________] (Printed Name)

Ohio Supreme Court Registration No. [________________________________] (if counsel)

[________________________________] (Firm or Address)

[________________________________], Ohio [____]

Telephone: [________________________________]

Email: [________________________________]

☐ Counsel for [________________________________] ☐ Pro Se Party — ☐ Plaintiff / ☐ Defendant

Additional Party Signatures

(Reproduce this block for each additional party as needed)

By: _______________________________________________

[________________________________] (Printed Name or Attorney Name)

Ohio Supreme Court Registration No. [________________________________] (if applicable)

☐ Counsel for / ☐ Pro Se — [________________________________]

SECTION 5: [PROPOSED] ORDER

IN THE COURT OF COMMON PLEAS

[________________________________] COUNTY, OHIO

Case No.: [________________________________]

Judge: [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

Defendant(s).

ORDER

UPON review of the foregoing Stipulation of the Parties, and the Court finding good cause for the relief requested therein, and pursuant to the Court's case management authority under Ohio Civ.R. 16 and Ohio Sup.R. 5,

IT IS HEREBY ORDERED that:

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, except as specifically modified herein, the Scheduling Order dated [__/__/____] shall remain in full force and effect and all prior orders of this Court are unaffected.

IT IS SO ORDERED.

Copies to: All Counsel of Record

_______________________________________________

Honorable [________________________________]

Judge, Court of Common Pleas of [________________________________] County, Ohio

Date: [__/__/____]

SECTION 6: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Stipulation and [Proposed] Order upon all counsel of record and parties in this action via the method(s) checked below, in accordance with Ohio Civ.R. 5(B):

☐ County E-Filing System — Filed and served via the [________________________________] County Court of Common Pleas e-filing system, which provided electronic service on all registered attorneys of record in accordance with Ohio Sup.R. 45.

☐ First-Class U.S. Mail — A true and correct copy was placed in the United States mail, first-class postage prepaid, addressed to the following parties not registered with the e-filing system:

☐ Hand Delivery / Personal Service — A true and correct copy was delivered by hand to the following:

☐ Electronic Mail (by written agreement) — A true and correct copy was sent via e-mail by written agreement of counsel to:

☐ Facsimile — A true and correct copy was transmitted by facsimile to:

_______________________________________________

[________________________________]

Ohio Supreme Court Registration No. [________________________________]

Counsel for [________________________________]

SECTION 7: FILING AND PRACTICE CHECKLIST

Pre-Filing

☐ Obtain written confirmation of consent from all parties or their counsel

☐ Identify the controlling Ohio Rule(s) of Civil Procedure applicable to the stipulation (e.g., Ohio Civ.R. 16, 29, 41(A), 56)

☐ Review the assigned judge's chambers rules and the applicable county's local rules

☐ Review the current Scheduling Order to confirm which deadlines are affected by the proposed stipulation

☐ Determine whether the proposed modification requires court approval or may be effected by joint stipulation alone

☐ Confirm whether the county has a functional e-filing portal and whether e-filing is required for the case type

☐ Draft the stipulation with particularity as to each agreed term

☐ Prepare a proposed order as a separate document in compliance with applicable local rules

☐ Confirm whether the assigned judge requires a Word version of the proposed order

Filing

☐ Access the county court's e-filing portal or file conventionally with the Clerk of Courts

☐ Upload the Stipulation as the lead document in PDF format

☐ Attach the Proposed Order as a separate document

☐ Attach all referenced exhibits, prior scheduling orders, or supporting materials

☐ Submit a Word version of the proposed order to chambers if required by the assigned judge

☐ Confirm successful submission and retain the confirmation number or file-stamped copy

Post-Filing

☐ Verify that electronic or other service was effected on all counsel of record

☐ Serve any parties not registered with the e-filing system by mail, hand delivery, or other method permitted under Ohio Civ.R. 5(B)

☐ Calendar all new deadlines established by the stipulation

☐ Monitor the docket for entry of the Order

☐ Update the case management schedule and internal calendars upon entry of the Order

SECTION 8: OHIO-SPECIFIC PRACTICE NOTES

Ohio Civ.R. 16 — Pretrial Procedure and Scheduling Orders (2024 Amendments)

Ohio Civ.R. 16 was substantially amended effective July 1, 2024, aligning Ohio practice more closely with federal procedure. Courts are now required to issue a scheduling order within the earlier of 90 days after a defendant has been served or 60 days after any defendant has responded to the complaint. Scheduling orders may address the time to join other parties, amend pleadings, complete discovery, file motions, set dates for pretrial conferences and trial, and other appropriate matters. Parties seeking to modify a Scheduling Order must demonstrate good cause and obtain court approval.

Ohio Civ.R. 26(E) — Expert Witness Disclosures (2024 Amendments)

Ohio Civ.R. 26 was also amended in 2024 to require initial disclosures and expert testimony disclosures consistent with federal practice. Expert witness disclosures must include the identity of the expert, a summary of opinions, the facts and data considered, any exhibits, qualifications, a list of cases in which the expert testified, and the compensation arrangement. Ohio R. Evid. 702 was simultaneously amended to add a preponderance of the evidence standard for expert qualification.

Ohio Civ.R. 29 — Discovery Stipulations

Under Ohio Civ.R. 29, parties may by written agreement modify discovery procedures, including the time and manner of depositions and the time for responses to interrogatories, requests for production, and requests for admission. However, stipulations that would interfere with any deadline set for completion of discovery, for hearing of a motion, or for trial require court approval. Counsel should always seek a court order when the stipulation affects a deadline in the operative Scheduling Order.

Ohio Civ.R. 41(A) — Voluntary Dismissal

Under Ohio Civ.R. 41(A)(1), a plaintiff may dismiss an action without order of court by filing a notice of dismissal at any time before the opposing party serves an answer or motion for summary judgment. Under Ohio Civ.R. 41(A)(2), after an answer or motion for summary judgment has been served, dismissal may be had only upon order of court or by stipulation of dismissal signed by all parties who have appeared.

Ohio Sup.R. 45 — Electronic Filing

Ohio Sup.R. 45 authorizes courts to accept electronic filings and provides the framework for county-level e-filing programs. Electronic signatures ("/s/ Name") are accepted in most Ohio courts' e-filing systems pursuant to Ohio Sup.R. 45. Many of Ohio's larger county courts of common pleas (Cuyahoga, Franklin, Hamilton, Summit, Montgomery) have robust e-filing programs. Check the specific county court's website for available e-filing systems and requirements.

Ohio Civ.R. 56 — Summary Judgment

Motions for summary judgment in Ohio are governed by Ohio Civ.R. 56. The standard permits the court to enter judgment where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Stipulations affecting summary judgment briefing deadlines should expressly reference Ohio Civ.R. 56 and identify the specific deadline being modified.

Local Rules — Key County Variations

• Cuyahoga County: Cuyahoga County Common Pleas Court Local Rules; separate Commercial Docket rules; e-filing portal available
• Franklin County: Franklin County Common Pleas Court Local Rules and Civil Practice Guidelines; Word proposed orders often required
• Hamilton County: Hamilton County Common Pleas Court Local Rules; Commercial Docket for qualifying cases; e-filing available
• Summit County: Summit County Common Pleas Court Local Rules; e-filing available through county portal
• Montgomery County: Montgomery County Common Pleas Court Local Rules; e-filing available; contact chambers for proposed order format requirements

Sources and References

• Ohio Rules of Civil Procedure (complete text): Supreme Court of Ohio
• 2024 Amendments to Ohio Rules of Practice and Procedure: Court News Ohio
• Ohio Supreme Court Rules: Supreme Court of Ohio
• Franklin County Common Pleas Court Civil Practice Guidelines: Franklin County Courts
• Ohio Civ.R. 16 (Pretrial Procedure, as amended July 1, 2024): Ohio Rules of Civil Procedure, Rule 16
• Ohio Civ.R. 26 (Discovery and Expert Disclosures): Ohio Rules of Civil Procedure, Rule 26
• Ohio Civ.R. 29 (Discovery Stipulations): Ohio Rules of Civil Procedure, Rule 29
• Ohio Civ.R. 41(A) (Voluntary Dismissal): Ohio Rules of Civil Procedure, Rule 41

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney before use. Laws and court rules change frequently; verify all citations and local requirements before filing.