Templates Litigation Court Documents State Court Stipulation and [Proposed] Order (General Civil)
State Court Stipulation and [Proposed] Order (General Civil)
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STIPULATION AND [PROPOSED] ORDER

(South Dakota Circuit Court – General Civil Matters)

[// GUIDANCE: Provide good cause and identify the scheduling order provisions being modified. Confirm that the requested changes will not affect the trial date unless the Court approves a continuance.]


1. CAPTION

text
STATE OF SOUTH DAKOTA )
:SS )
COUNTY OF [COUNTY] )

IN CIRCUIT COURT
[__]TH JUDICIAL CIRCUIT

[PLAINTIFF NAME],
Plaintiff,

v. CIV. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

text
[ATTORNEY OR SELF-REPRESENTED PARTY]
Name: [NAME] (SD Bar No. [NUMBER])
Firm: [LAW FIRM NAME]
Address: [STREET ADDRESS]
City, State ZIP: [CITY], South Dakota [ZIP]
Telephone: [TEL] | Facsimile: [FAX]
E-Mail: [EMAIL]
Attorney for [PARTY NAME]


2. STIPULATION

The Parties stipulate and agree as follows:

  1. Background.
    - The Court entered a Scheduling Order on [DATE].
    - [Summarize current deadlines, discovery progress, and pending hearings].

  2. Agreed Terms.
    a. [TERM 1: e.g., “All discovery shall be completed by [DATE].”]
    b. [TERM 2: e.g., “Expert disclosures pursuant to SDCL 15-6-26(b)(4) shall be exchanged by [DATE].”]
    c. [TERM 3: e.g., “Motions for summary judgment shall be filed by [DATE].”]
    d. [Additional terms as necessary].

  3. Authority. This stipulation is submitted pursuant to SDCL 15-6-6(b) and 15-6-16(b), and is supported by good cause because [JUSTIFICATION].

  4. Reservation. Except as expressly modified herein, all prior orders remain in effect.

  5. Request for Order. The Parties respectfully request that the Court approve this stipulation and enter the accompanying order.


3. SIGNATURES

text
DATED: ______

[LAW FIRM NAME]
By: ________
[ATTORNEY NAME]
SD Bar No. [NUMBER]
Attorney for [PLAINTIFF]

[SECOND LAW FIRM NAME]
By: ________
[ATTORNEY NAME]
SD Bar No. [NUMBER]
Attorney for [DEFENDANT]

[// GUIDANCE: Include signatures for all parties. Electronic signatures (“/s/ Name”) are accepted in the UJS e-filing portal.]

4. [PROPOSED] ORDER

text
The Court, having reviewed the Parties’ Stipulation and finding good cause, ORDERS:

  1. The Stipulation is APPROVED and incorporated herein.
  2. [ORDERED TERM 1].
  3. [ORDERED TERM 2].
  4. [ORDERED TERM 3 / ADDITIONAL RELIEF].

All other provisions of the Scheduling Order dated [DATE] remain in effect.

Dated this _ day of _____, 20__.

BY THE COURT:


[NAME OF JUDGE]
Circuit Court Judge
[// GUIDANCE: Insert the judge’s printed name beneath the signature if required.]


5. CERTIFICATE OF SERVICE

text
I certify that on [DATE], the foregoing was served via [E-FILING / EMAIL / MAIL] upon all counsel of record in accordance with SDCL 15-6-5(b). Service was made to:

[NAME]
[ADDRESS / EMAIL]


[NAME OF DECLARANT]
SD Bar No. [NUMBER]
[// GUIDANCE: Update service details to reflect actual delivery.]


6. FILING & SERVICE CHECKLIST

  • Cite South Dakota authority. Reference SDCL 15-6-6(b), 15-6-16, 15-6-26, 15-6-29, or other applicable procedural rules permitting the stipulation.
  • Follow South Dakota e-filing protocols. Use the Unified Judicial System e-filing portal (where available), select the correct filing type, and provide an editable proposed order if the court requires it.
  • Serve per SDCL 15-6-5. Deliver service to non-e-filing participants by mail or other permitted means and document the method in the certificate.
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