State Court Stipulation and Proposed Order (General Civil) - South Dakota

STIPULATION AND [PROPOSED] ORDER

South Dakota Circuit Court -- General Civil Matters

CASE CAPTION

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT
) SS
COUNTY OF [________________________________] ) [________________________________] JUDICIAL CIRCUIT

[________________________________],
Plaintiff,

v.

Civ. No. [________________________________]

[________________________________],
Defendant.

ATTORNEY INFORMATION

[________________________________]
Name: [________________________________] (SD Bar No. [________________________________])
Firm: [________________________________]
Address: [________________________________]
City, State ZIP: [________________________________], South Dakota [________________________________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Attorney for [________________________________] (Plaintiff / Defendant)

STIPULATION AND [PROPOSED] ORDER

I. STIPULATION

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

A. RECITALS AND BACKGROUND

1. This action was commenced on [__/__/____] and involves claims for [________________________________].

2. The Court entered a Scheduling Order on [__/__/____] pursuant to SDCL 15-6-16, establishing the following relevant deadlines:
   - Fact discovery cutoff: [__/__/____]
   - Expert disclosures (SDCL 15-6-26(b)(4)): [__/__/____]
   - Rebuttal expert disclosures: [__/__/____]
   - Dispositive motion deadline: [__/__/____]
   - Pretrial conference: [__/__/____]
   - Trial date: [__/__/____]

3. The current status of the case is as follows: [________________________________] (describe discovery completed, depositions taken, issues resolved, pending motions, settlement efforts, etc.)

4. This stipulation is necessitated by the following circumstances: [________________________________]

B. TERMS OF STIPULATION

The Parties stipulate and agree to the following terms:

Term 1. [________________________________]

Term 2. [________________________________]

Term 3. [________________________________]

Term 4. [________________________________]

Term 5. [________________________________]

Term 6. [________________________________]

(Add or remove terms as necessary.)

C. TYPE OF STIPULATION

This stipulation pertains to the following subject matter (check all that apply):

☐ Extension of Discovery Deadlines -- The parties request that the judge modify the scheduling order under SDCL 15-6-16 for the good cause stated below. If enlargement of another rule-, notice-, or order-based period is requested, address SDCL 15-6-6(b) and whether the request precedes expiration or instead requires a motion and a showing of excusable neglect:

• Fact discovery cutoff extended from [__/__/____] to [__/__/____]
• Expert disclosures (SDCL 15-6-26(b)(4)) extended from [__/__/____] to [__/__/____]
• Rebuttal expert disclosures extended from [__/__/____] to [__/__/____]
• Reason: [________________________________]

☐ Deposition Procedure Stipulation -- Under SDCL 15-6-29, the parties stipulate in writing that the following deposition may be taken before [PERSON], at [TIME/PLACE], on [NOTICE], and in [MANNER]: [________________________________]. Identify any scheduling-order modification separately; SDCL 15-6-29 is not a general authorization to modify all discovery deadlines.

☐ Continuance of Hearing or Trial -- The parties stipulate to continue the [________________________________] (trial / hearing / conference / motion hearing) currently scheduled for [__/__/____] to [__/__/____], or to the next available date on the Court's calendar. Reason: [________________________________]

☐ Leave or Consent to Amend Pleadings -- Pursuant to SDCL 15-6-15(a), [________________________________] (party) may file an amended [________________________________] on or before [__/__/____] by ☐ written consent of the adverse party ☐ leave of court. Unless the Court otherwise orders, the response is due within the time remaining to respond to the original pleading or ten days after service of the amended pleading, whichever is longer.

☐ Dismissal of Claims or Parties -- Counsel has selected the proper route under SDCL 15-6-41(a) and, for a counterclaim, cross-claim, or third-party claim, SDCL 15-6-41(c): ☐ stipulation of dismissal signed by all parties who have appeared, filed without an order under § 15-6-41(a)(1)(B) ☐ dismissal by court order under § 15-6-41(a)(2) ☐ other verified route: [____]. The following matters are dismissed ☐ with prejudice ☐ without prejudice:

• [________________________________]
• [________________________________]
  Each party shall bear its own costs and attorney fees unless otherwise specified: [________________________________].

☐ Protective Order Terms -- Pursuant to SDCL 15-6-26(c), the parties stipulate to the following terms governing confidential information:

• Definition of "Confidential Information": [________________________________]
• Limitations on disclosure: [________________________________]
• Use restrictions: [________________________________]
• Return or destruction of confidential materials upon conclusion of litigation: [________________________________]
• Provisions for challenging confidentiality designations: [________________________________]

☐ Settlement Terms -- The parties have reached a settlement and stipulate to the following terms:

• [________________________________]
• [________________________________]
• [________________________________]
  ☐ The settlement terms are to be placed on the record.
  ☐ The settlement agreement is attached as Exhibit [____] and incorporated by reference.
  ☐ The case is to be dismissed [________________________________] (with prejudice / without prejudice) upon completion of settlement obligations.
  ☐ The parties request that the Court retain jurisdiction to the extent the Court has authority and expressly agrees to do so.

☐ Modification of Alternative Dispute Resolution Deadlines -- The parties stipulate to modify the following ADR deadlines:

• Mediation deadline: extended from [__/__/____] to [__/__/____]
• ☐ The parties agree to participate in mediation with [________________________________] (mediator) on [__/__/____].

☐ Substitution or Addition of Parties -- The parties stipulate to [________________________________] (substitute [party name] for [party name] / add [party name] as a [plaintiff / defendant]).

☐ Other -- [________________________________]

D. AUTHORITY

This stipulation requests relief under the provisions selected above. Under SDCL 15-6-16, a scheduling order may be modified only by leave of the judge upon a showing of good cause. SDCL 15-6-29 separately permits written stipulations about the person, time, place, notice, and manner for taking depositions; it does not itself modify a scheduling order.

Good cause exists for this stipulation because: [________________________________]

E. REPRESENTATIONS OF COUNSEL

1. Each undersigned attorney represents that he or she is duly authorized by the party represented to enter into this stipulation.

2. The parties have conferred and agree that the terms set forth above are fair, reasonable, and in the interests of justice and judicial economy.

3. This stipulation is made in good faith, not for purposes of unnecessary delay, and will not prejudice any party.

4. ☐ This stipulation will not affect the trial date.
   ☐ This stipulation requires modification of the trial date, as set forth in Section B above.

5. Except as expressly modified by this stipulation, all other provisions of the Scheduling Order dated [__/__/____] and all other Court orders remain in full force and effect.

F. RESERVATION OF RIGHTS

Except as expressly set forth herein, this stipulation does not waive, release, or modify any right, claim, defense, or obligation of any party. All rights not expressly addressed in this stipulation are expressly reserved.

G. REQUEST FOR ORDER

The Parties respectfully request that the Court approve this stipulation and enter the accompanying [Proposed] Order.

II. SIGNATURES

DATED: [__/__/____]

For Plaintiff:

[________________________________]
(Law Firm Name)

By: ________________________________________
[________________________________]
SD Bar No. [________________________________]
Attorney for Plaintiff
[________________________________] (Address)
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

For Defendant:

[________________________________]
(Law Firm Name)

By: ________________________________________
[________________________________]
SD Bar No. [________________________________]
Attorney for Defendant
[________________________________] (Address)
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

For [________________________________] (Additional Party, if applicable):

[________________________________]
(Law Firm Name)

By: ________________________________________
[________________________________]
SD Bar No. [________________________________]
Attorney for [________________________________]
[________________________________] (Address)
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

(Confirm the current signature method and any judge-specific submission requirement before filing.)

III. [PROPOSED] ORDER

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT
) SS
COUNTY OF [________________________________] ) [________________________________] JUDICIAL CIRCUIT

[________________________________],
Plaintiff,

v.

Civ. No. [________________________________]

[________________________________],
Defendant.

ORDER

The Court, having reviewed the Parties' Stipulation filed on [__/__/____], and finding good cause to the extent required by SDCL 15-6-16,

IT IS HEREBY ORDERED:

1. The Parties' Stipulation is APPROVED and incorporated herein by reference.

2. [________________________________] (Ordered Term 1 -- restate the stipulated terms in order format.)

3. [________________________________] (Ordered Term 2.)

4. [________________________________] (Ordered Term 3.)

5. [________________________________] (Ordered Term 4.)

6. [________________________________] (Additional ordered terms as necessary.)

7. All other provisions of the Scheduling Order dated [__/__/____] remain in full force and effect.

8. [________________________________] (Any additional conditions the Court may impose.)

Dated this _______ day of ________________________, 20____.

BY THE COURT:

________________________________________
Hon. [________________________________]
Circuit Court Judge
[________________________________] Judicial Circuit

IV. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], the foregoing STIPULATION AND [PROPOSED] ORDER was served upon all counsel of record and self-represented parties in accordance with SDCL 15-6-5(b) by the following method(s):

☐ Filed or served electronically through the Odyssey® system. Unless otherwise ordered, SDCL 15-6-5(b)(2) presumes service on all attorneys of record at submission.

☐ Served on represented parties through counsel by a method authorized by SDCL 15-6-5(b)(3):

☐ Served on a self-represented party by a method authorized by SDCL 15-6-5(b)(5):

________________________________________
[________________________________]
SD Bar No. [________________________________]

PRACTICE NOTES

When Stipulations Are Appropriate

1. Scheduling-Order Changes. SDCL 15-6-16 requires leave of the judge and good cause to modify a scheduling order. Party agreement alone does not modify the order.

2. Other Time Enlargements. Under SDCL 15-6-6(b), a court may enlarge a covered period for cause if the request is made before expiration. After expiration, the rule requires a motion and excusable neglect and excludes specified post-trial periods.

3. Pleading Amendments. Outside the rule's matter-of-course route, SDCL 15-6-15(a) permits amendment by leave of court or written consent of the adverse party and states that leave shall be freely given when justice requires. Use the rule's response period unless the Court orders otherwise.

4. Dismissals. SDCL 15-6-41(a)(1)(B) permits a stipulation of dismissal signed by all parties who have appeared. Unless the stipulation states otherwise, that dismissal is without prejudice. Other plaintiff-requested dismissals require a court order under § 15-6-41(a)(2); separately analyze other claim types under § 15-6-41(c).

5. Protective Orders. SDCL 15-6-26(c) requires a motion, a good-faith conferral certification, and good cause for a court protective order. Do not present a private confidentiality agreement as an entered protective order.

6. Deposition Stipulations. SDCL 15-6-29 is limited to written agreements about taking depositions. Use SDCL 15-6-16 for a requested scheduling-order change.

Court Approval Requirements

• SDCL 15-6-16 -- Good Cause Required. A scheduling order may not be modified except by leave of the judge upon a showing of good cause. Include the specific facts supporting good cause.

• SDCL 15-6-29 -- Deposition Stipulations. Written stipulations may address who takes a deposition, its time or place, notice, and manner. Do not cite this section for a general discovery extension.

• Local Requirements. Confirm the assigned judge's current submission, signature, proposed-order, and hearing requirements before filing.

Drafting Considerations

• Draft stipulation terms with specificity and precision. Ambiguous terms may lead to enforcement disputes.
• If the stipulation resolves some but not all issues, clearly identify which issues remain contested.
• Include a reservation of rights clause to prevent unintended waivers.
• Explicitly address costs and attorney fees, even if each party bears its own.
• When modifying scheduling order deadlines, present both existing and proposed new dates for clarity.
• Provide a clear statement of good cause to satisfy SDCL 15-6-16.

Timing Considerations

• File the stipulation and proposed order as promptly as possible after reaching agreement.
• If the stipulation involves time-sensitive matters (e.g., upcoming hearing or trial date), note this in the filing and consider contacting the Court to request expedited consideration.
• Allow adequate time for the Court to review and enter the order before the affected deadline.

SOURCES AND REFERENCES

• SDCL 15-6-5(b), service and proof — https://sdlegislature.gov/api/Statutes/15-6-5(b).html?all=true
• SDCL 15-6-6(b), enlargement of time — https://sdlegislature.gov/api/Statutes/15-6-6(b).html?all=true
• SDCL 15-6-15(a), amendments to pleadings — https://sdlegislature.gov/api/Statutes/15-6-15(a).html?all=true
• SDCL 15-6-16, scheduling order and good-cause modification — https://sdlegislature.gov/api/Statutes/15-6-16.html?all=true
• SDCL 15-6-26(b), discovery scope and subdivision (4) expert discovery — https://sdlegislature.gov/api/Statutes/15-6-26(b).html?all=true
• SDCL 15-6-26(c), protective orders — https://sdlegislature.gov/api/Statutes/15-6-26(c).html?all=true
• SDCL 15-6-29, written deposition stipulations — https://sdlegislature.gov/api/Statutes/15-6-29.html?all=true
• SDCL 15-6-41(a), voluntary dismissal — https://sdlegislature.gov/api/Statutes/15-6-41(a).html?all=true
• South Dakota Legislature, Chapter 15-6 — https://sdlegislature.gov/api/Statutes/15-6.html?all=true