State Court Stipulation and [Proposed] Order (General Civil) - Tennessee

STIPULATION AND [PROPOSED] ORDER

Tennessee Circuit / Chancery Court — General Civil Matters

Governed by: Tennessee Rules of Civil Procedure, Rules 6.02, 16.01, 16.03, 29, and applicable local court rules

DOCUMENT PREPARATION CHECKLIST

☐ All party names and case numbers verified against the case management system
☐ Applicable Tennessee Rule(s) of Civil Procedure identified for the stipulation
☐ Good cause statement drafted with specific factual basis
☐ All counsel have reviewed and agreed to the stipulated terms
☐ Impact on existing scheduling order deadlines and trial date assessed
☐ Local court rules reviewed for supplemental requirements (e.g., Davidson County, Shelby County, Knox County)
☐ Proposed order prepared in editable format for chambers
☐ BPR (Board of Professional Responsibility) registration numbers confirmed for all signing attorneys
☐ Certificate of service prepared with correct service method
☐ Filing fee assessed (if applicable for the motion type)
☐ eFileTN registration confirmed and document formatted for electronic filing

1. CAPTION

IN THE [________________________________] COURT FOR [________________________________] COUNTY, TENNESSEE

(Select one: ☐ Circuit Court ☐ Chancery Court)

[________________________________],
Plaintiff,

v.              No. [________________________________]

[________________________________],       Division: [____]
Defendant.

2. ATTORNEY INFORMATION — MOVING PARTIES

Counsel for Plaintiff

Counsel for Defendant

Additional Parties (if applicable)

3. STIPULATION OF THE PARTIES

COME NOW the undersigned parties, by and through their respective counsel, and hereby stipulate and agree as follows:

A. Background and Procedural History

1. This action was filed on [__/__/____] and is presently assigned to the Honorable [________________________________], [☐ Circuit Court Judge / ☐ Chancellor].

2. The Court entered a Scheduling Order on [__/__/____] (the "Scheduling Order"), which established the following deadlines:

3. The current status of discovery and proceedings is as follows:
   [________________________________]
   [________________________________]
   [________________________________]

B. Good Cause Statement

4. Good cause exists to modify the Scheduling Order because:
   [________________________________]
   [________________________________]
   [________________________________]

Pursuant to Tenn. R. Civ. P. 16.01, a scheduling order "shall not be modified except by leave of the judge upon a showing of good cause." The parties respectfully submit that the circumstances described above constitute good cause within the meaning of the Rule.

C. Agreed Terms

5. The parties stipulate and agree to the following modifications and/or terms:

a. [________________________________]
(e.g., "The fact discovery cutoff is extended from [DATE] to [DATE].")

b. [________________________________]
(e.g., "Expert disclosures pursuant to Tenn. R. Civ. P. 26.05 shall be served by [DATE].")

c. [________________________________]
(e.g., "Dispositive motions shall be filed by [DATE], with hearings to be scheduled through the Court's office.")

d. [________________________________]
(e.g., "Mediation shall be completed by [DATE] before a mediator agreed upon by the parties or appointed by the Court.")

e. [________________________________]
(Additional terms as needed.)

D. Type of Stipulation

☐ Modification of Scheduling Order — Tenn. R. Civ. P. 16.01
☐ Discovery Stipulation — Tenn. R. Civ. P. 29 (modification of discovery procedures by written agreement)
☐ Extension of Time — Tenn. R. Civ. P. 6.02 (enlargement of time for acts required by the Rules)
☐ Stipulation of Dismissal — Tenn. R. Civ. P. 41.01 (voluntary dismissal by stipulation)
☐ Stipulation of Facts — Tenn. R. Civ. P. 16.03 (agreed facts to avoid unnecessary proof)
☐ Stipulation Regarding Admissibility — Tenn. R. Civ. P. 16.03(7) (authentication of documents)
☐ Settlement Stipulation — Terms of settlement to be incorporated by court order
☐ Other — [________________________________]

E. Impact on Trial and Other Deadlines

6. ☐ The stipulated modifications will NOT affect the currently scheduled trial date of [__/__/____].
   ☐ The stipulated modifications require adjustment of the trial date. The parties propose a new trial date of [__/__/____] or request that the Court reset the trial at its convenience.

7. ☐ The stipulated modifications will NOT affect any pending hearing dates.
   ☐ The following hearing dates are affected: [________________________________]

F. Reservation of Rights

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

9. No party waives any rights, claims, defenses, or objections by entering into this Stipulation, unless expressly stated herein.

G. Authority

10. Each undersigned attorney represents that he or she has authority from his or her respective client to enter into this Stipulation. See Tenn. R. Civ. P. 16.03 (requiring that at least one attorney for each party participating in any pretrial conference "shall have authority to enter into stipulations and to make admissions regarding all matters that the participants may reasonably anticipate may be discussed").

H. Request for Entry of Order

11. The parties respectfully request that this Court approve this Stipulation and enter the [Proposed] Order attached hereto.

4. SIGNATURES OF COUNSEL

AGREED AND STIPULATED:

Date: [__/__/____]

FOR PLAINTIFF:

[________________________________]
[Attorney Name]
BPR No. [________________________________]
[Firm Name]
[Address]
[City], Tennessee [ZIP]
[Phone] | [Email]

Signature: ________________________________

FOR DEFENDANT:

[________________________________]
[Attorney Name]
BPR No. [________________________________]
[Firm Name]
[Address]
[City], Tennessee [ZIP]
[Phone] | [Email]

Signature: ________________________________

FOR [ADDITIONAL PARTY] (if applicable):

[________________________________]
[Attorney Name]
BPR No. [________________________________]

Signature: ________________________________

Note on Electronic Signatures: Electronic signatures in the form "/s/ [Attorney Name]" are accepted for filings made through the eFileTN system. See Tenn. Sup. Ct. R. 46 and applicable local rules regarding electronic filing.

5. [PROPOSED] ORDER

IN THE [________________________________] COURT FOR [________________________________] COUNTY, TENNESSEE

[________________________________], Plaintiff,
v.            No. [________________________________]
[________________________________], Defendant.

ORDER ON STIPULATION

Upon consideration of the foregoing Stipulation filed by the parties and for good cause shown, the Court finds as follows:

1. The Stipulation is APPROVED and the terms thereof are incorporated herein by reference.

2. [________________________________]
   (e.g., "The fact discovery cutoff is hereby extended to [DATE].")

3. [________________________________]
   (e.g., "Expert disclosures pursuant to Tenn. R. Civ. P. 26.05 shall be served no later than [DATE].")

4. [________________________________]
   (e.g., "Dispositive motions shall be filed no later than [DATE].")

5. [________________________________]
   (Additional ordered terms.)

6. ☐ The trial date of [__/__/____] remains unchanged.
   ☐ The trial is reset to [__/__/____] at [____] a.m./p.m.
   ☐ The trial shall be reset at the Court's convenience.

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

8. The Clerk shall serve a copy of this Order on all counsel of record.

SO ORDERED this [____] day of [________________________________], 20[____].

________________________________
[Judge Name]
[☐ Circuit Court Judge / ☐ Chancellor]
[County] County, Tennessee

6. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Stipulation and [Proposed] Order was served upon all counsel of record by the following method(s), in accordance with Tenn. R. Civ. P. 5.02:

☐ Electronic filing through the eFileTN system
☐ Electronic mail (email)
☐ United States Mail, postage prepaid
☐ Hand delivery
☐ Facsimile transmission

Service List:

________________________________
[Attorney Name]
BPR No. [________________________________]

7. PRACTICE NOTES AND TENNESSEE-SPECIFIC REQUIREMENTS

A. Governing Rules

• Tenn. R. Civ. P. 6.02 — Permits enlargement of time by the court for cause shown. An application for extension after expiration of the prescribed period may be granted upon a showing that failure to act was the result of excusable neglect.

• Tenn. R. Civ. P. 16.01 — Requires that scheduling orders not be modified except by leave of the judge upon a showing of good cause. The scheduling order shall issue as soon as practicable and shall limit the time to join other parties, amend the pleadings, file motions, and complete discovery.

• Tenn. R. Civ. P. 16.03 — Addresses subjects for pretrial conferences, including simplification of issues, amendments to pleadings, admission of facts and documents, limitation of expert witnesses, and such other matters as may facilitate the just, efficient, and economical disposition of the action.

• Tenn. R. Civ. P. 29 — Parties may, by written stipulation, modify discovery procedures provided by the Rules. Stipulations extending time for interrogatories, requests for production, and requests for admission may be made without court approval, provided they do not conflict with other rules. Only one such extension is permitted without court approval.

• Tenn. R. Civ. P. 41.01 — Governs voluntary dismissal. A stipulation of dismissal signed by all parties who have appeared terminates the action without court order.

B. Filing Requirements

• eFileTN: Electronic filing is mandatory in many Tennessee counties. Verify whether your county requires electronic filing and ensure your eFileTN account is active. The eFileTN portal is accessible at https://efiletncourts.gov.

• Proposed Orders: Many Tennessee courts require that proposed orders be submitted in an editable format (e.g., Microsoft Word) so that the judge may modify the order before entry. Check your local rules for specific requirements.

• BPR Numbers: All Tennessee attorneys must include their Board of Professional Responsibility (BPR) registration number on all court filings pursuant to Tenn. Sup. Ct. R. 8, RPC 7.

C. Local Rule Variations

Tennessee circuit and chancery courts operate under both statewide rules and local rules. Practitioners should review the local rules of the specific county where the action is pending. Key counties with notable local rules include:

• Davidson County (Nashville): Local Rules of Practice require specific formatting and scheduling procedures for motions and stipulations.
• Shelby County (Memphis): Local rules address case management, pretrial procedures, and motion practice with specific time requirements.
• Knox County (Knoxville): The Fourth Circuit Court maintains standing orders regarding trial management and scheduling conferences.
• Hamilton County (Chattanooga): Local Rules of Civil Practice address motion practice, scheduling, and pretrial conference procedures.

D. Discovery Stipulation Without Court Approval (Rule 29)

Under Tenn. R. Civ. P. 29, the parties may agree by written stipulation to modify discovery procedures without obtaining court approval, subject to the following limitations:

• Only one extension per discovery obligation may be granted by stipulation without court approval.
• The stipulated extension must not conflict with any scheduling order or other court order.
• Any additional extensions beyond the first must be obtained by motion and court order.
• The stipulation must be in writing and signed by all parties or their counsel.

E. Common Types of Stipulations in Tennessee Practice

F. Service Requirements Under Rule 5.02

Service of the stipulation and proposed order must be made in accordance with Tenn. R. Civ. P. 5.02, which permits service by:

• Delivering a copy to the attorney or party
• Mailing a copy to the attorney's or party's last known address
• Electronic transmission (email) if the recipient has consented
• Through the eFileTN electronic filing system

8. SOURCES AND REFERENCES

• Tennessee Rules of Civil Procedure — https://www.tncourts.gov/courts/supreme-court/rules/rules-civil-procedure
• Tenn. R. Civ. P. 16.01 (Scheduling and Planning Conferences and Orders) — https://www.tncourts.gov/courts/rules-civil-procedure/rules/rules-civil-procedure-rules/rule-1601-scheduling-and-planning
• Tenn. R. Civ. P. 29 (Stipulations Regarding Discovery Procedure) — https://www.tncourts.gov/rules/rules-civil-procedure/29
• Tennessee Supreme Court Rules (including BPR Registration) — https://www.tncourts.gov/courts/supreme-court/rules
• eFileTN Electronic Filing System — https://efiletncourts.gov
• Davidson County Local Rules — https://circuitclerk.nashville.gov/local-rules/
• Hamilton County Local Rules of Civil Practice — https://www.hamiltontn.gov/courts/
• Knox County Fourth Circuit Court — Trial Management — https://www.knoxcounty.org/fourthcircuitcourt/trcp.php