State Court Stipulation and Proposed Order (General Civil)

STIPULATION AND [PROPOSED] ORDER

South Carolina Court of Common Pleas — General Civil Matters

IMPORTANT INSTRUCTIONS

This template is designed for use when all parties to a South Carolina 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 South Carolina for scheduling modifications, discovery agreements, continuances, case management adjustments, settlement terms, and voluntary dismissals.

South Carolina circuit civil practice is governed primarily by the South Carolina Rules of Civil Procedure (SCRCP). The Court of Common Pleas has jurisdiction over civil matters. 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 submitted through the applicable e-filing system.

Before Filing:

☐ Confirm all parties consent to the stipulated terms in writing

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

☐ Confirm compliance with SCRCP Rule 7(b)(1) — motions must state the grounds and the relief sought with particularity

☐ If modifying a scheduling order, confirm compliance with SCRCP Rule 16 and show good cause for the modification

☐ Check whether the case is subject to mandatory ADR under the South Carolina Alternative Dispute Resolution Rules (SCRADR) — ADR deadlines may need to be addressed

☐ Confirm that SCE-File registration is current for all attorneys of record in the applicable county

☐ 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 SCRCP Rule 5(b)

SECTION 1: CASE CAPTION

STATE OF SOUTH CAROLINA

IN THE COURT OF COMMON PLEAS

[________________________________] COUNTY

(Select Court Level)

☐ Court of Common Pleas (Circuit Court — General Civil Jurisdiction)

☐ Magistrate Court (Limited civil jurisdiction, claims up to $7,500)

Case No.: [________________________________]

Division / Docket: [________________________________]

[________________________________],

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 South Carolina 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 Court of Common Pleas for [________________________________] County, South Carolina.

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 SCRCP Rule 6(b) and/or Rule 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 SCRCP Rule 16. The Parties represent that good cause exists for the modification as follows: [________________________________]. The requested modification ☐ will not / ☐ will affect the trial term assignment.

☐ Discovery Stipulation — Modification of discovery procedures or deadlines pursuant to SCRCP Rule 29. The Parties agree that: [________________________________]. Note: SCRCP Rule 29 does not permit parties to extend by stipulation the time for responses to interrogatories, document requests, or requests for admission — those extensions require court approval.

☐ Continuance — The Parties jointly request a continuance of the hearing/trial currently scheduled for [__/__/____] to the next available term 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 SCRCP Rule 41(a)(1)(B), which permits dismissal by stipulation signed by all parties who have appeared. 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 SCRCP Rule 26(c).

☐ ADR Deadline Modification — The Parties request modification of the mandatory ADR deadline under the South Carolina Alternative Dispute Resolution Rules (SCRADR). Current ADR deadline: [__/__/____]. Proposed new ADR deadline: [__/__/____]. Reason for modification: [________________________________].

☐ 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: [________________________________].

3.5 Impact on Trial and Case Management

☐ This stipulation will not affect the current trial term assignment 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 SCRCP Rule 58(a) and any applicable standing orders of the [________________________________] County Court of Common Pleas.

SECTION 4: SIGNATURE BLOCKS — PARTIES AND ATTORNEYS

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

Plaintiff's Counsel

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq.

SC Bar No. [________________________________]

[________________________________] (Street Address)

[________________________________], South Carolina [________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Plaintiff [________________________________]

Defendant's Counsel

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq.

SC Bar No. [________________________________]

[________________________________] (Street Address)

[________________________________], South Carolina [________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Defendant [________________________________]

Pro Se Party (if applicable)

_______________________________________________

[________________________________] (Printed Name)

[________________________________] (Street Address)

[________________________________], South Carolina [________]

Telephone: [________________________________]

Email: [________________________________]

Pro Se ☐ Plaintiff / ☐ Defendant

Additional Party Signatures

(Reproduce this block for each additional party)

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq. / Pro Se

SC Bar No. [________________________________] (if applicable)

Counsel for / Pro Se [________________________________]

SECTION 5: [PROPOSED] ORDER

STATE OF SOUTH CAROLINA

IN THE COURT OF COMMON PLEAS

[________________________________] COUNTY

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 SCE-File electronic filing system.

AND IT IS SO ORDERED.

_______________________________________________

Honorable [________________________________]

Judge, [________________________________] County Court of Common Pleas

[____] Judicial Circuit, State of South Carolina

Date: [__/__/____]

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 South Carolina E-Filing System (SCE-File), 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 SCE-File, pursuant to SCRCP Rule 5(b):

☐ U.S. Mail, postage prepaid, pursuant to SCRCP Rule 5(b)(2)(B)

☐ Hand delivery pursuant to SCRCP Rule 5(b)(2)(A)

☐ Facsimile pursuant to SCRCP Rule 5(b)(2)(D)

☐ Electronic mail by written consent pursuant to SCRCP Rule 5(b)(2)(C)

upon the following:

[________________________________] (Name)

[________________________________] (Address / Email / Fax)

_______________________________________________

[________________________________]

SC Bar 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 SCRCP rule(s) authorizing the relief (e.g., Rules 6(b), 16, 26(b)(4), 29, 41, 58)

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

☐ Check the court's scheduling order for any provisions restricting modifications or requiring specific showings

☐ Confirm SCE-File registration and good standing for all filing attorneys in the county where the case is pending

☐ If the case involves mandatory ADR, address SCRADR deadlines in the stipulation

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

Filing

☐ Log in to SCE-File at efile.sccourts.org and select the correct case

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

☐ Attach the Proposed Order as a separate exhibit or secondary document

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

☐ Pay any applicable filing fees through SCE-File

☐ Confirm the filing is accepted and note the confirmation number

Post-Filing

☐ Verify SCE-File service notifications were transmitted to all registered counsel

☐ Serve non-SCE-File participants by mail, hand delivery, or other authorized method under SCRCP Rule 5(b)

☐ Complete the Certificate of Service and retain a copy

☐ Calendar any new deadlines set by the stipulation

☐ Monitor SCE-File for the Court's ruling on the Proposed Order

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

SECTION 8: SOUTH CAROLINA-SPECIFIC PRACTICE NOTES

SCE-File Electronic Filing System

South Carolina has implemented mandatory electronic filing through the SCE-File system (efile.sccourts.org) for civil cases in the Court of Common Pleas in counties that have been designated as e-filing counties. All documents must be submitted in PDF format. Attorneys must be registered as Authorized E-Filers through the Attorney Information System and must maintain a current email address for service notifications. Where e-filing has been mandated, attorneys in represented cases must use SCE-File for all filings. Check the South Carolina Judicial Branch website for the current list of e-filing counties.

SCRCP Rule 29 — Discovery Stipulations

Under SCRCP Rule 29, the parties may, by written stipulation, modify discovery procedures (including the manner, time, and place of depositions). However, unlike some federal counterparts, SCRCP Rule 29 expressly limits party stipulations: parties may not by stipulation extend the time for responses to interrogatories (Rule 33), document requests (Rule 34), or requests for admissions (Rule 36). Extensions of those response deadlines require a court order supported by good cause.

SCRCP Rule 16 — Scheduling Orders and Case Management

South Carolina circuit courts routinely issue scheduling orders under SCRCP Rule 16 that govern discovery, expert disclosures, dispositive motions, ADR deadlines, and trial term assignments. Modification of a scheduling order requires a showing of good cause. The Parties should specifically identify the scheduling order provision(s) being modified and the reason good cause exists. Roster calls and trial terms are managed by the clerk's office; modifications to trial term assignments typically require judicial approval.

SCRCP Rule 41(a)(1)(B) — Stipulated Dismissals

Under SCRCP Rule 41(a)(1)(B), an action may be dismissed without a court order by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless the stipulation states otherwise, the dismissal is without prejudice. A second dismissal on the same claim operates as an adjudication on the merits. If costs are at issue, address them expressly in the stipulation.

SCRCP Rule 58(a) — Entry of Orders and Judgments

Under SCRCP Rule 58(a), every judgment and order shall be set forth on a separate document. The date of entry of the order begins the running of appeal deadlines and post-judgment motion time periods. It is important to track the date of actual entry of the order on the docket, not simply the date the judge signed it.

South Carolina Alternative Dispute Resolution Rules

South Carolina has mandatory ADR requirements under the South Carolina Alternative Dispute Resolution Rules (SCRADR) for most civil cases in the Court of Common Pleas. Scheduling orders typically include an ADR completion deadline. Any stipulation modifying the case schedule should address whether the ADR deadline is also being modified and should obtain court approval for any ADR deadline extension.

Rule 6(b) — Enlargement of Time

Under SCRCP Rule 6(b), the court may, for cause shown, enlarge the period within which any act required by the rules or by court order is to be done, provided the request is made before expiration of the original period. Extensions sought after the original deadline has passed require a showing of excusable neglect. Stipulations requesting extensions should cite Rule 6(b) and articulate the cause for the extension.

Sources and References

• South Carolina Rules of Civil Procedure (complete text): SC Judicial Branch — Civil Rules
• SCRCP Rule 16 (Pre-Trial Procedure): Rule 16
• SCRCP Rule 29 (Stipulations Regarding Discovery): Rule 29
• SCRCP Rule 41 (Dismissal of Actions): Rule 41
• SCE-File Electronic Filing System: efile.sccourts.org
• South Carolina E-Filing for Attorneys: SC Judicial Branch E-Filing
• South Carolina Alternative Dispute Resolution Rules: SC Judicial Branch — ADR
• South Carolina Court Rules Index: SC Judicial Branch — Court Rules

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