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

STIPULATION AND [PROPOSED] ORDER

Oregon Circuit Court -- General Civil Matters

CAPTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [________________________________]

STIPULATION AND [PROPOSED] ORDER

Attorney Information (Filing Party):

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

[________________________________]
(Name of Law Firm)

[________________________________]
(Street Address)

[________________________________], Oregon [____]
(City, State, ZIP)

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

Attorney for [________________________________]
(Party Name and Designation)

STIPULATION OF THE PARTIES

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

I. RECITALS AND PROCEDURAL BACKGROUND

1. This action is pending in the Circuit Court of the State of Oregon for the County of [________________________________], bearing Case No. [________________________________].

2. The Court entered a Scheduling Order on [__/__/____], establishing the following deadlines:

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

b. Expert disclosure deadline: [__/__/____]

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

d. Mediation / ADR completion: [__/__/____]

e. Trial readiness date: [__/__/____]

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

3. The parties have conferred in good faith regarding the matters addressed herein and have reached the agreement set forth below.

4. [________________________________]
   (Brief description of the procedural posture and circumstances giving rise to this stipulation, e.g., additional discovery needed, pending depositions, recently produced documents, expert analysis ongoing, settlement discussions, scheduling conflicts, etc.)

II. STIPULATED TERMS

Subject to Court approval, the parties stipulate and agree to the following:

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

Term 2. [________________________________]
(e.g., "The discovery deadline set by the Court's scheduling order is extended from [__/__/____] to [__/__/____], subject to Court approval.")

Term 3. [________________________________]
(e.g., "Dispositive motions must be filed no later than [__/__/____], subject to the Court's scheduling order and applicable rules.")

Term 4. [________________________________]
(e.g., "The mediation or ADR deadline is extended from [__/__/____] to [__/__/____].")

Term 5. [________________________________]
(e.g., "The trial readiness date is continued from [__/__/____] 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. ORCP 10, which governs computation of periods prescribed by the Oregon Rules of Civil Procedure, local rules, or court order;

b. ORCP 23 A, if this Stipulation includes written consent to amend a pleading; otherwise, the Parties request approval of the proposed scheduling or discovery terms in the order below;

c. ORCP 36, which establishes general provisions governing discovery, including the scope and methods of discovery available to the parties;

d. UTCR 5.010, if a separate motion under ORCP 21, 23, 36–46, or a party's motion to quash or modify under ORCP 55 is involved; its conferral and certification requirements apply to those motions, subject to its exceptions;

e. Applicable Supplementary Local Rules (SLR) of the [________________________________] County Circuit Court;

f. The Court's inherent authority to manage its docket and control the proceedings before it.

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

☐ Additional time is needed to complete fact discovery due to [________________________________].

☐ Key depositions remain outstanding and could not be completed within the current schedule due to [________________________________].

☐ The parties are engaged in good-faith settlement discussions or ADR proceedings and believe additional time may lead to resolution.

☐ Recently produced documents require additional time for review and analysis.

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

☐ New parties have been added, requiring additional time for discovery and responsive pleading.

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

☐ The case involves complex issues requiring [________________________________].

☐ Other: [________________________________].

7. The requested modification ☐ will / ☐ will not require a change to the trial date or trial week currently set for [__/__/____]. (If the trial date is affected, provide specific justification.)

IV. RESERVATION OF RIGHTS

8. 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 Scheduling Order dated [__/__/____].

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

10. 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.

11. This Stipulation may be modified only by further written stipulation of the parties approved by the Court or by order of the Court upon motion and a showing of good cause.

V. CONFERRAL CERTIFICATION

12. The undersigned have conferred regarding the matters set forth in this Stipulation, and all parties signing below consent to the relief requested. If a separate motion covered by UTCR 5.010 is filed, its moving party must address that rule's applicable conferral certification.

VI. REQUEST FOR ORDER

13. WHEREFORE, the parties respectfully request that this Court:

a. Approve this Stipulation in its entirety;

b. Enter the [Proposed] Order set forth below incorporating the stipulated terms; and

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

SIGNATURES OF COUNSEL

DATED: [__/__/____]

[________________________________]
(Name of Law Firm)

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

Attorney for Plaintiff, [________________________________]

[________________________________]
(Name of Law Firm)

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

Attorney for Defendant, [________________________________]

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

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

Attorney for [________________________________]
(Party Designation)

[PROPOSED] ORDER

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [________________________________]

ORDER

The Court, having reviewed the foregoing Stipulation of the Parties and the file herein, and good cause appearing:

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 Scheduling Order dated [__/__/____] shall remain in full force and effect.

8. The parties shall comply with all deadlines established herein.

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

[________________________________]
Circuit Court Judge

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I filed the foregoing Stipulation and [Proposed] Order via the Oregon Judicial Department's File & Serve electronic filing system and electronically served the registered recipients identified below pursuant to ORCP 9 H. Confirm the recipients in the electronic service record.

Additionally, copies were served by the following method(s) on parties not registered for electronic service:

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

[________________________________]
[________________________________]
[________________________________]

☐ Hand delivery to:

[________________________________]
[________________________________]
[________________________________]

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

☐ Electronic mail under ORCP 9 G to [________________________________] at [________________________________]. Record the recipient's email address and transmission details.

[________________________________]
(Signature)

[________________________________]
(Printed Name)
Oregon State Bar No. [________________________________]

OREGON-SPECIFIC PRACTICE NOTES

Court Structure and Filing

• Oregon has a unified circuit court system with 36 circuit courts, one for each county. All circuit courts are courts of general jurisdiction. The caption should read "IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY]."

• Oregon uses Oregon eCourt (File & Serve) as its statewide electronic filing system, powered by the Odyssey case management system. All attorneys must be registered for electronic filing. File & Serve is accessible through the Oregon Judicial Department website.

• Document formatting must comply with UTCR 2.010, which requires:

• Standard 8.5 x 11 inch paper (or equivalent electronic format)
• Minimum 1-inch margins on all sides
• Minimum 12-point font (proportional) or 10-pitch (non-proportional)
• Pages numbered at the bottom center
• Party designations in the caption

Three-Tier Rule System

Oregon has a three-tier court rule system that practitioners must navigate:

1. Oregon Rules of Civil Procedure (ORCP) -- Statewide procedural rules adopted by the Council on Court Procedures and the Legislature (effective since January 1, 1980).

2. Uniform Trial Court Rules (UTCR) -- Statewide administrative rules promulgated by the Chief Justice of the Oregon Supreme Court, applicable in all circuit courts.

3. Supplementary Local Rules (SLR) -- County-specific rules adopted by individual circuit courts. SLRs supplement (but cannot conflict with) the ORCP and UTCR. Always check the SLR for the specific county.

Stipulation Practice in Oregon

• ORCP 10 governs computation of procedural time periods. State any requested extension and its reason in the stipulation and proposed order.

• ORCP 29 governs joinder of persons needed for just adjudication; it does not authorize discovery stipulations. If an agreement changes a court-ordered deadline, submit the proposed change for court approval.

• Oregon does not have a specific rule requiring stipulations to be in writing, but best practice (and most SLRs) require written stipulations filed with the court.

• Stipulated and ex parte matters may be personally presented to the court in some counties. Check the applicable SLR for the procedure for presenting stipulated orders.

Motion and Conferral Requirements

• UTCR 5.010 requires a good-faith conferral effort and certification for specified motions under ORCP 21, 23, and 36–46, and a party's motion to quash or modify under ORCP 55, subject to the rule's exceptions. A joint stipulation alone does not trigger that motion-specific certification.

• UTCR 5.010 was amended to add a conferral requirement for disputes relating to ORCP 55 (subpoenas), which may be relevant if the stipulation involves subpoena-related deadlines.

Proposed Orders and Trial Memoranda

• UTCR 6.050 requires filing any trial memorandum and serving it on the opposing party. It sets no general seven-judicial-day deadline; follow the assigned judge's directions and any applicable SLR for timing.

• UTCR 5.100 governs submission of proposed orders and judgments. A proposed order generally must be served on each attorney at least three days before submission, or be accompanied by each attorney's stipulation that no objection exists, subject to the rule's other service and certification provisions.

Electronic Filing and Signatures

• UTCR 21.080 and 21.100 govern electronic filing and electronic service, respectively. When preparing a filing with electronic service, select the appropriate service contacts. Service is complete when the system transmits its email to those selected contacts, not merely when the document is filed.

• UTCR 21.090 authorizes electronic signatures in the format "/s/ [Name]" for documents filed electronically. The filing attorney's electronic signature constitutes certification under ORCP 17.

• When submitting a proposed order electronically, some presiding judges require the order to be submitted in Microsoft Word format in addition to (or instead of) PDF. Check the specific judge's requirements or the applicable SLR.

Service Requirements Under ORCP 9

• Service of papers after the initial complaint is governed by ORCP 9:
• ORCP 9 A: Papers that must be served
• ORCP 9 B: Service on counsel or a party, including delivery and mail
• ORCP 9 G: Service by e-mail

• ORCP 9 H: Electronic service through Oregon's court filing system

• Identify the recipients actually served through Oregon eCourt under ORCP 9 H. Serve any party who was not electronically served by another method allowed under ORCP 9 B.

Mandatory Arbitration and ADR

• ORS 36.405 sets a statewide $50,000 claim threshold for mandatory arbitration of qualifying money-damages cases after all parties have appeared, subject to its statutory exceptions. The presiding judge may exempt an otherwise qualifying case; a county SLR does not set a different dollar threshold.

• If the case is subject to mandatory arbitration and the stipulation affects the arbitration deadline, the parties should address this in the stipulation.

• Many counties also have mandatory mediation programs or settlement conference requirements. Check the applicable SLR.

Sources and References

• Oregon Rules of Civil Procedure (ORCP) -- available at Oregon Legislature
• Uniform Trial Court Rules (UTCR) -- available at Oregon Judicial Department
• UTCR Full Text (2025 edition) -- available at Oregon Judicial Department
• Oregon eCourt (File & Serve) information -- available at Oregon Judicial Department
• UTCR Chapter 5 (Proceedings in Civil Cases) -- available at Oregon Judicial Department
• Supplementary Local Rules -- available at individual circuit court websites via Oregon Judicial Department
• Oregon Revised Statutes, Chapter 36 (Arbitration and Mediation) -- available at Oregon Legislature