State Court Stipulation and Proposed Order (General Civil)

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(b), 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 stipulate to extend the following discovery deadlines pursuant to SDCL 15-6-29(a) and SDCL 15-6-6(b):

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

☐ 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 to Amend Pleadings -- Pursuant to SDCL 15-6-15(a), [________________________________] (party) is granted leave to file an amended [________________________________] (complaint / answer / counterclaim / cross-claim / third-party complaint) on or before [__/__/____]. The opposing party shall have [____] days from service of the amended pleading to respond.

☐ Dismissal of Claims or Parties -- Pursuant to SDCL 15-6-41(a), the following [________________________________] (claims / counterclaims / cross-claims / parties) 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 Court shall retain jurisdiction to enforce the settlement terms.

☐ 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 is submitted pursuant to SDCL 15-6-16(b) and SDCL 15-6-29(a). Under SDCL 15-6-16(b), a scheduling order may be modified upon a showing of good cause and by leave of court. Under SDCL 15-6-29(a), the parties may by written stipulation modify discovery procedures and limitations, subject to court approval where scheduling order modifications are implicated.

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: [________________________________]

(Note: Electronic signatures in the form "/s/ [Name]" are accepted when filing through the South Dakota Unified Judicial System e-filing portal.)

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 pursuant to SDCL 15-6-16(b),

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 in accordance with SDCL 15-6-5(b) by the following method(s):

☐ Filed electronically through the South Dakota Unified Judicial System (UJS) e-filing portal, which will transmit notice to all registered counsel.

☐ Served by the following alternative methods upon parties not registered with the UJS e-filing portal:

________________________________________
[________________________________]
SD Bar No. [________________________________]

PRACTICE NOTES

When Stipulations Are Appropriate

1. Discovery Extensions. Stipulations to extend discovery deadlines are common when both parties need additional time or when unforeseen circumstances arise. Under SDCL 15-6-29(a), parties may modify discovery procedures by stipulation, but modifications to court-imposed scheduling deadlines require court approval under SDCL 15-6-16(b).

2. Continuances. When all parties agree to a continuance, a stipulation demonstrates cooperation and judicial efficiency. However, the Court retains discretion to deny even stipulated continuances if they conflict with docket management or case processing goals.

3. Pleading Amendments. Stipulations to allow amended pleadings under SDCL 15-6-15(a) save time and avoid contested motion practice. Leave to amend is freely given when justice requires, and stipulations simplify the process.

4. Dismissals. Stipulated dismissals under SDCL 15-6-41(a) are efficient for resolving cases or narrowing issues. Always specify whether the dismissal is with or without prejudice and address costs and attorney fees.

5. Protective Orders. Stipulated protective orders under SDCL 15-6-26(c) are standard in cases involving sensitive information. The Court must review and approve even stipulated protective orders.

6. Settlements. Stipulations memorializing settlement terms provide enforceability through a court order. Consider whether the Court should retain jurisdiction to enforce settlement obligations.

Court Approval Requirements

• SDCL 15-6-16(b) -- Good Cause Required. A scheduling order may only be modified for good cause and with leave of court. Even stipulated modifications require a showing of good cause. Include a clear statement of the reasons justifying the modification.

• SDCL 15-6-29(a) -- Discovery Stipulations. Parties may stipulate to modify discovery procedures, but any modification that conflicts with a scheduling order requires court approval.

• Proposed Order Format. Submit the proposed order as part of the filing. Some judges may require an editable version (Word format) in addition to the filed PDF. Check with the circuit clerk or judge's office.

South Dakota Judicial Circuits

• First Circuit (Yankton, Bon Homme, etc.): Contact the circuit presiding judge's office for local practice requirements.
• Second Circuit (Sioux Falls, Minnehaha, Lincoln Counties): The busiest circuit in the state. Stipulations involving trial date modifications may receive closer scrutiny.
• Third Circuit (Brookings, etc.): Check local practices with the circuit clerk.
• Fourth Circuit (Butte, Lawrence, Meade Counties): May have specific administrative orders governing case management.
• Fifth Circuit (Roberts, etc.): Contact the circuit clerk for local requirements.
• Sixth Circuit (Hughes, etc.): Located in Pierre (state capital). Check for any specific practices.
• Seventh Circuit (Pennington County, Rapid City): The second-busiest circuit. Review any local administrative orders.

UJS E-Filing

• South Dakota uses the Unified Judicial System (UJS) e-filing portal for electronic filings.
• File the stipulation and proposed order through the UJS portal where available.
• The UJS system will generate electronic notice to all registered counsel.
• For unregistered parties, serve by traditional methods and document service in the certificate.
• Select the correct filing type (e.g., "Stipulation" or "Stipulation and Order") when filing.

Signature Requirements

• All parties to the stipulation must sign or be represented by counsel who signs on their behalf.
• Electronic signatures ("/s/ [Name]") are accepted when filing through the UJS e-filing portal.
• Include each attorney's SD Bar Number with the signature.
• If a party is self-represented, that party must sign personally.

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(b).

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 15-6-16(b) -- Scheduling and Planning; Modification
• SDCL 15-6-6(b) -- Enlargement of Time
• SDCL 15-6-29(a) -- Stipulations Regarding Discovery
• SDCL 15-6-41(a) -- Voluntary Dismissal
• SDCL 15-6-15(a) -- Amended and Supplemental Pleadings
• SDCL 15-6-5(b) -- Service of Papers
• SDCL 15-6-26(b)(4) -- Expert Discovery
• SDCL 15-6-26(c) -- Protective Orders
• South Dakota Unified Judicial System: https://ujs.sd.gov/
• South Dakota Legislature, Codified Laws: https://sdlegislature.gov/Statutes/