State Court Stipulation and Proposed Order (General Civil)

STIPULATION AND [PROPOSED] ORDER

Pennsylvania Court of Common Pleas — General Civil Matters

IMPORTANT INSTRUCTIONS

This template is designed for use when all parties to a Pennsylvania 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. Under Pennsylvania practice, stipulations are commonly used to modify scheduling orders, adjust discovery deadlines, agree upon discovery protocols, continue hearings, and memorialize settlement terms.

Pennsylvania courts of common pleas are organized by county. Each county may have local rules supplementing the Pennsylvania Rules of Civil Procedure. Always consult the applicable county's local rules (available on the county court's website or through the Pennsylvania Unified Judicial System at ujsportal.pacourts.us) before filing.

Before Filing:

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

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

☐ Confirm compliance with Pa. R.C.P. 208.2 (motion form) and 208.3(a) (alternative motion procedures) if the stipulation is accompanied by a motion

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

☐ Determine whether the case is filed via PACFile (Pennsylvania's statewide e-filing system) or through the county clerk of courts

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

☐ If modifying a scheduling order, confirm that the modification does not require a formal motion under the controlling Case Management Order

☐ Provide a proposed order in Word format to chambers if required by local practice or the assigned judge

☐ Verify current docket number format for the specific county (e.g., YYYY-XXXXXX for Philadelphia; No. XXXX of YYYY for many other counties)

SECTION 1: CASE CAPTION

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY, PENNSYLVANIA

(Select Division if applicable)

☐ Civil Division

☐ Commerce and Complex Litigation Program (Philadelphia only)

☐ Arbitration Division (Philadelphia; cases under $50,000)

☐ Family Division (if applicable)

☐ Other: [________________________________]

Docket No.: [________________________________]

Term: [________________________________] No.: [________________________________]

(For Philadelphia: Civil Division — [________________________________] Term, [____] No. [________________________________])

[________________________________],

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 Pennsylvania 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, Pennsylvania.

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

3. The current Case Management or Scheduling Order, dated [__/__/____], governs the following deadlines:

• Fact Discovery Cutoff: [__/__/____]
• Expert Report Deadline (Plaintiff): [__/__/____]
• Expert Report Deadline (Defendant): [__/__/____]
• Dispositive Motion Deadline: [__/__/____]
• Pre-Trial Conference: [__/__/____]
• Trial Term: [________________________________]

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

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: [________________________________]

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 Case Management or Scheduling Order. The Parties represent that the requested modification ☐ will not / ☐ will affect the current trial term of [________________________________]. If modification of the trial term is required, the Parties propose a new trial term of [________________________________].

☐ Discovery Stipulation — Modification of discovery procedures or deadlines pursuant to Pa. R.C.P. 4001 et seq. Expert report deadlines are governed by Pa. R.C.P. 4003.5. The Parties agree that: [________________________________]

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

☐ Discontinuance / Dismissal — The Parties stipulate to the discontinuance of this action ☐ with prejudice / ☐ without prejudice pursuant to Pa. R.C.P. 229, with each party to bear its own costs and attorney fees unless otherwise stated herein.

☐ 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 Pa. R.C.P. 4012.

☐ Consolidation or Separate Trial — The Parties request an order pursuant to Pa. R.C.P. 213 providing for: [________________________________]

☐ Pre-Trial Conference Matters — This stipulation addresses matters raised or to be raised at the Pre-Trial Conference under Pa. R.C.P. 212.1, including: [________________________________]

☐ 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 as contemplated by Pa. R.C.P. 126.

3.5 Impact on Schedule

☐ This stipulation will not affect the current trial term 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)

☐ Philadelphia County — Civil actions filed in the Philadelphia Court of Common Pleas are subject to the Philadelphia Civil Rules (Phila. Civ. R.) and, if designated, the Commerce Program rules. E-filing is available through PACFile. The Court also maintains a mandatory arbitration program for cases under $50,000 (Phila. Civ. R. 1301).

☐ Allegheny County — Actions in Allegheny County Court of Common Pleas are subject to Allegheny County Local Rules. E-filing is available through PACFile. The Arbitration Center handles matters under the compulsory arbitration threshold.

☐ Montgomery County — Subject to Montgomery County Local Rules of Civil Procedure. Proposed orders to be submitted in Word format to the assigned judge's chambers as directed.

☐ Delaware County — Subject to Delaware County Local Rules. Filing through the Prothonotary's office; PACFile e-filing available.

☐ Other County: [________________________________] — Subject to [________________________________] County 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 Commonwealth of Pennsylvania, 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 Pennsylvania Rules of Civil Procedure, including Pa. R.C.P. 208.2, 208.3(a), 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.

SECTION 4: SIGNATURE BLOCKS — PARTIES AND ATTORNEYS

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

Plaintiff's Counsel

By: _______________________________________________

[________________________________], Esquire

Pennsylvania Attorney ID No. [________________________________]

[________________________________] (Firm Name)

[________________________________] (Street Address)

[________________________________], Pennsylvania [____]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Plaintiff [________________________________]

Defendant's Counsel

By: _______________________________________________

[________________________________], Esquire

Pennsylvania Attorney ID No. [________________________________]

[________________________________] (Firm Name)

[________________________________] (Street Address)

[________________________________], Pennsylvania [____]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Defendant [________________________________]

Additional Party or Pro Se Party (if applicable)

By: _______________________________________________

[________________________________] (Printed Name)

Pennsylvania Attorney ID No. [________________________________] (if counsel)

[________________________________] (Firm or Address)

[________________________________], Pennsylvania [____]

Telephone: [________________________________]

Email: [________________________________]

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

Additional Party Signatures

(Reproduce this block for each additional party as needed)

By: _______________________________________________

[________________________________], Esquire / Pro Se

Pennsylvania Attorney ID No. [________________________________] (if applicable)

Counsel for / Pro Se [________________________________]

SECTION 5: [PROPOSED] ORDER

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY, PENNSYLVANIA

Docket No.: [________________________________]

ORDER

AND NOW, this [____] day of [________________________________], 20[____], upon consideration of the foregoing Stipulation of the Parties, and the Court finding good cause therefor, it is hereby:

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

The Prothonotary is directed to serve a copy of this Order upon all counsel of record and unrepresented parties by the ordinary means of the PACFile electronic notification system or by such other method as is appropriate.

BY THE COURT:

_______________________________________________

Honorable [________________________________]

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

SECTION 6: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing Stipulation and [Proposed] Order upon all counsel of record and parties via the method(s) checked below, in accordance with Pa. R.C.P. 440:

☐ PACFile / Electronic Filing — Service effected by the PACFile e-filing system upon all registered counsel of record at their registered e-mail addresses.

☐ First-Class U.S. Mail — A true and correct copy was placed in the United States mail, first-class postage prepaid, addressed as follows:

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

☐ Electronic Mail (by 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 pursuant to Pa. R.C.P. 440(d) to:

_______________________________________________

[________________________________], Esquire

Pennsylvania Attorney ID 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 Pennsylvania Rule(s) of Civil Procedure applicable to the stipulation (e.g., Pa. R.C.P. 229, 1035.2, 4003.5)

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

☐ Confirm PACFile e-filing registration and account status for all filing attorneys

☐ Draft the stipulation with particularity as required by Pa. R.C.P. 208.2

☐ Prepare a proposed order as a separate document

☐ Confirm whether a Word version of the proposed order is required by the assigned judge or local rules

Filing

☐ Access PACFile at https://ujsportal.pacourts.us and select the correct case and filing type

☐ Upload the Stipulation as the lead document in PDF format

☐ Attach the Proposed Order as a separate document

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

☐ Submit a Word version of the proposed order to chambers if required (often by direct e-mail to the judge's chambers)

☐ Confirm successful submission and retain the PACFile confirmation number

Post-Filing

☐ Verify that PACFile electronic notification was sent to all registered counsel

☐ Serve any parties not registered with PACFile by mail, hand delivery, or other method permitted under Pa. R.C.P. 440

☐ 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: PENNSYLVANIA-SPECIFIC PRACTICE NOTES

PACFile Electronic Filing System

Pennsylvania's statewide electronic filing system, PACFile, is accessible at https://ujsportal.pacourts.us. Mandatory electronic filing requirements vary by county; attorneys should confirm whether their county requires or permits PACFile filing for civil matters. Philadelphia County and Allegheny County have robust e-filing programs. Documents must be submitted in PDF/A format. The system provides automatic e-service to registered counsel.

Pa. R.C.P. 208.3(a) — Alternative Procedures for Motions

Under Pa. R.C.P. 208.3(a), motions that are uncontested or presented on stipulated facts may be handled pursuant to the alternative motion procedure established by local rule. Many counties allow uncontested stipulations to be submitted directly to the judge for approval without a hearing, provided the stipulation is accompanied by a proposed order. Counsel should verify the local rule applicable in the filing county.

Pa. R.C.P. 229 — Discontinuance

Under Pa. R.C.P. 229, a discontinuance (the Pennsylvania equivalent of a dismissal) of an entire action or a claim may be entered by the agreement of all parties in interest, subject to court approval. A stipulation of discontinuance must be filed with the Prothonotary and, if prejudicial to any party, may require court order. Unlike federal practice, Pennsylvania does not use the term "dismissal" for voluntary termination by the parties.

Pa. R.C.P. 4003.5 — Expert Discovery

Expert witness reports in Pennsylvania civil actions are governed by Pa. R.C.P. 4003.5, which requires disclosure of the identity of expert witnesses and, upon request, a written report setting forth the expert's findings and opinions, the facts and data considered, and the qualifications of the expert. Stipulations modifying expert report deadlines should expressly cite this rule and identify the specific deadline being modified.

Pa. R.C.P. 1035.2 — Summary Judgment

Motions for summary judgment in Pennsylvania are governed by Pa. R.C.P. 1035.2 et seq. The Pennsylvania summary judgment 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 deadlines should expressly reference this rule.

Pa. R.C.P. 440 — Service of Legal Papers

Service of legal papers other than original process in Pennsylvania civil matters is governed by Pa. R.C.P. 440. Service may be made by: hand delivery; first-class U.S. mail; electronic means if all parties consent; facsimile; or through the PACFile e-filing system when applicable. The certificate of service must identify the method used and the persons served.

Commerce Program (Philadelphia)

The Philadelphia Court of Common Pleas Commerce Program handles complex commercial litigation. Cases assigned to the Commerce Program are subject to Commerce Program Standing Case Management Orders and the protocols established by the Commerce Program judges. Stipulations in Commerce Program cases should reference the applicable Commerce Program standing order and comply with the assigned judge's individual practices.

Local Rules — Key County Variations

• Philadelphia County: Phila. Civ. R. 208.2 (motions); Phila. Civ. R. 212.1 (pre-trial); Commerce Program Standing Orders
• Allegheny County: Allegh. Cty. L.R. 208.2; Allegh. Cty. L.R. 212 (pre-trial conference)
• Montgomery County: Mont. Cty. R.C.P. 208.3(a); individual judge protocols via court website
• Bucks County: Bucks Cty. R.C.P. 208.2; coordination with case management judge required
• Chester County: Chester Cty. L.R. 208.2; proposed orders in Word via e-mail to chambers

Sources and References

• Pennsylvania Rules of Civil Procedure (complete text): Pennsylvania General Assembly
• PACFile Electronic Filing System: Unified Judicial System of Pennsylvania
• Pennsylvania Unified Judicial System — Court Forms and Local Rules: UJS Portal
• Philadelphia Court of Common Pleas Local Rules: Philadelphia Courts
• Allegheny County Court of Common Pleas Local Rules: Allegheny County Courts
• Pa. R.C.P. 229 (Discontinuance): Pennsylvania Rules of Civil Procedure, Rule 229
• Pa. R.C.P. 4003.5 (Expert Testimony Discovery): Pennsylvania Rules of Civil Procedure, Rule 4003.5
• Pa. R.C.P. 440 (Service of Papers): Pennsylvania Rules of Civil Procedure, Rule 440

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.