State Court Stipulation and Proposed Order - General Civil (Washington)

STIPULATION AND [PROPOSED] ORDER

Superior Court of Washington for [________________________________] County

General Civil Matter

PART I: CASE CAPTION AND ATTORNEY INFORMATION

SUPERIOR COURT OF WASHINGTON

FOR [________________________________] COUNTY

No.: [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

Defendant(s).

STIPULATION AND [PROPOSED] ORDER REGARDING [________________________________]

(Clerk's Action Required)

Filing Attorney Information

Name: [________________________________]

WSBA No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Washington [____]

Telephone: [________________________________]

Facsimile: [________________________________]

E-Mail: [________________________________]

Attorney for: ☐ Plaintiff(s) ☐ Defendant(s) ☐ Third-Party [____]: [________________________________]

PART II: RECITALS AND CASE BACKGROUND

COME NOW the undersigned parties, by and through their respective counsel of record, and submit this Stipulation pursuant to CR 16, CR 29, and applicable local rules, and jointly request the entry of the Proposed Order set forth below. In support, the parties represent:

A. Procedural History

1. Plaintiff(s) commenced this action by filing a Complaint on [__/__/____].

2. Defendant(s) filed an Answer on [__/__/____].

3. The Court issued a Case Schedule pursuant to CR 16 and applicable local rules on [__/__/____], establishing the following deadlines:

a. Disclosure of possible primary witnesses: [__/__/____]

b. Disclosure of possible additional witnesses: [__/__/____]

c. Discovery cutoff: [__/__/____]

d. Expert witness disclosure: [__/__/____]

e. Dispositive motion deadline: [__/__/____]

f. Alternative dispute resolution deadline: [__/__/____]

g. Joint statement of evidence: [__/__/____]

h. Trial date: [__/__/____]

4. ☐ A case scheduling conference was held on [__/__/____].

5. ☐ This case has been designated as: ☐ Expedited ☐ Standard ☐ Complex ☐ Other: [________________________________].

6. ☐ A Status Conference or Trial Management Conference has been: ☐ Held on [__/__/____] ☐ Scheduled for [__/__/____] ☐ Not yet set.

7. ☐ Settlement/ADR has been: ☐ Completed on [__/__/____] ☐ Scheduled for [__/__/____] ☐ Not yet addressed.

B. Basis for Stipulation

8. The parties have conferred and agree that the relief described below is appropriate for the following reasons:

[________________________________]

[________________________________]

[________________________________]

9. ☐ This Stipulation does not affect the trial date.

☐ This Stipulation requires modification of the trial date for the following reasons: [________________________________]

10. No party or non-party will be prejudiced by entry of this Stipulation.

PART III: STIPULATED TERMS

The parties hereby stipulate and agree to the following:

Term 1

[________________________________]

[________________________________]

[________________________________]

Term 2

[________________________________]

[________________________________]

[________________________________]

Term 3

[________________________________]

[________________________________]

[________________________________]

Term 4

[________________________________]

[________________________________]

[________________________________]

Additional Terms (if applicable):

[________________________________]

[________________________________]

Sample Stipulated Terms (Select and Modify as Applicable)

☐ Discovery Cutoff Extension. The discovery cutoff is extended from [__/__/____] to [__/__/____]. All discovery requests must be served with sufficient time for responses before the new cutoff. This extension is necessitated by: [________________________________].

☐ Witness Disclosure Extension. The deadline for Disclosure of Possible Primary Witnesses is extended from [__/__/____] to [__/__/____]. The deadline for Disclosure of Possible Additional Witnesses is extended from [__/__/____] to [__/__/____].

Note (King County LCR 4(b)(4) and similar local rules): Written stipulation of all parties may extend the witness disclosure deadline or discovery cutoff up to 14 days without court approval, provided the stipulation states: "No party may assert this delay in the Disclosure of Witnesses as a basis for a continuance of the established trial date."

☐ Expert Disclosure Extension. Expert disclosures pursuant to CR 26(b)(5) shall be served by [__/__/____] (previously [__/__/____]). Rebuttal expert disclosures shall be served by [__/__/____].

☐ Dispositive Motion Deadline Extension. The deadline for filing dispositive motions under CR 56 is extended from [__/__/____] to [__/__/____]. Motions shall be noted for hearing in accordance with CR 56 and applicable local rules.

☐ Amendment of Pleadings. Plaintiff/Defendant shall have leave to file an Amended [Complaint/Answer/Counterclaim/Cross-Claim] on or before [__/__/____]. The opposing party shall have [____] days from service to respond pursuant to CR 15(a).

☐ Continuance of Trial Date. The trial date currently set for [__/__/____] is continued to [__/__/____], or such date as the Court may assign. The parties acknowledge that trial continuances require court approval pursuant to CR 40 and applicable local rules.

☐ Dismissal of Claims/Parties. The following claims/parties are dismissed ☐ with prejudice ☐ without prejudice pursuant to CR 41: [________________________________].

☐ Settlement Period. This case shall be placed on the inactive calendar for [____] days to permit finalization of settlement. If settlement is not consummated by [__/__/____], any party may request restoration to the active calendar.

☐ ADR Scheduling. The parties shall participate in ☐ mediation ☐ arbitration ☐ settlement conference on or before [__/__/____], using [________________________________] as the neutral. This is ☐ mandatory per local rules ☐ voluntary.

☐ Protective Order. The parties agree to the entry of a protective order governing confidential discovery materials in the form attached as Exhibit [____].

☐ Consolidation/Severance. This case shall be ☐ consolidated with ☐ severed from Cause No. [________________________________] for purposes of ☐ discovery ☐ trial ☐ all purposes.

☐ Other. [________________________________]

PART IV: AUTHORITY AND GOOD CAUSE

A. Governing Rules

This Stipulation is submitted pursuant to the following authorities:

• CR 16 (Pretrial Procedure and Formulating Issues), which authorizes the Court to manage cases through scheduling orders and pretrial conferences, and to modify case schedules for good cause.

• CR 6(b) (Enlargement of Time), which permits the Court to enlarge time periods when the request is made before the expiration of the period and cause is shown, or upon motion made after expiration of the period where the failure to act was the result of excusable neglect.

• CR 29 (Stipulations Regarding Discovery Procedure), which permits parties to modify discovery procedures by written stipulation, subject to court approval where scheduling order deadlines are implicated.

• CR 40 (Assignment of Cases), which governs the setting and continuance of trial dates and requires judicial approval for trial date changes.

• RCW 2.28.100, which provides that stipulations of the parties are binding upon the court to the extent consistent with justice and the court's authority.

• Applicable Local Rules, including but not limited to [________________________________] County Local Civil Rule [____], which governs [________________________________].

B. Good Cause Statement

Good cause exists for the entry of this Stipulation and modification of the Case Schedule because:

1. [________________________________]

2. [________________________________]

3. [________________________________]

The requested relief will promote the just, speedy, and inexpensive determination of this action, consistent with CR 1.

PART V: RESERVATION OF RIGHTS

1. Except as expressly set forth in this Stipulation, all provisions of the Case Schedule dated [__/__/____] and all prior orders of the Court remain in full force and effect.

2. Nothing in this Stipulation shall be deemed a waiver of any claim, defense, objection, or privilege of any party.

3. Each party reserves the right to seek such further relief as may be appropriate in the event of a material change in circumstances.

4. This Stipulation shall not be construed as an admission of liability, fault, or wrongdoing by any party.

5. The parties reserve the right to seek further modification upon a showing of good cause.

PART VI: CONFIDENTIALITY PROVISIONS

☐ Not applicable — No confidentiality provisions are included in this Stipulation.

☐ Applicable — The following confidentiality provisions shall govern:

1. The terms of this Stipulation ☐ shall ☐ shall not be confidential.

2. Any settlement amounts referenced herein ☐ shall ☐ shall not be disclosed publicly.

3. Confidential information exchanged in connection with this Stipulation shall be governed by ☐ the existing Protective Order dated [__/__/____] ☐ the Protective Order attached as Exhibit [____] ☐ the following terms: [________________________________].

PART VII: PARTY AND ATTORNEY SIGNATURES

WHEREFORE, the undersigned parties respectfully request that the Court approve this Stipulation and enter the Proposed Order set forth below.

Plaintiff's Counsel

AGREED AND STIPULATED:

Dated: [__/__/____]

[________________________________]

By: [________________________________]

Name: [________________________________]

WSBA No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Washington [____]

Telephone: [________________________________]

E-Mail: [________________________________]

Attorney for Plaintiff(s): [________________________________]

Defendant's Counsel

AGREED AND STIPULATED:

Dated: [__/__/____]

[________________________________]

By: [________________________________]

Name: [________________________________]

WSBA No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Washington [____]

Telephone: [________________________________]

E-Mail: [________________________________]

Attorney for Defendant(s): [________________________________]

Additional Party Counsel (if applicable)

AGREED AND STIPULATED:

Dated: [__/__/____]

[________________________________]

By: [________________________________]

Name: [________________________________]

WSBA No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

[________________________________], Washington [____]

Telephone: [________________________________]

E-Mail: [________________________________]

Attorney for: [________________________________]

Self-Represented Party (if applicable)

AGREED AND STIPULATED:

Dated: [__/__/____]

Signature: [________________________________]

Printed Name: [________________________________]

Address: [________________________________]

[________________________________], Washington [____]

Telephone: [________________________________]

E-Mail: [________________________________]

PART VIII: [PROPOSED] ORDER

SUPERIOR COURT OF WASHINGTON

FOR [________________________________] COUNTY

No.: [________________________________]

[________________________________], Plaintiff(s)

v.

[________________________________], Defendant(s)

ORDER AMENDING CASE SCHEDULE / GRANTING STIPULATION

This matter comes before the Court on the parties' Stipulation filed on [__/__/____]. The Court, having reviewed the Stipulation and the file herein, and finding:

1. That all parties have consented to the terms of the Stipulation;

2. That good cause has been shown for modification of the Case Schedule pursuant to CR 16;

3. That the requested relief is consistent with the efficient administration of justice;

4. That no party or non-party will be unduly prejudiced;

Now, therefore, it is hereby ORDERED:

1. The Stipulation of the parties is APPROVED and incorporated herein by reference.

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

All other provisions of the Case Schedule dated [__/__/____] not expressly modified herein remain in full force and effect.

DATED this [____] day of [________________________________], 20[____].

[________________________________]

☐ Judge ☐ Commissioner, Superior Court

[________________________________] County, Washington

Presented by:

[________________________________]

WSBA No. [________________________________]

Attorney for [________________________________]

PART IX: CERTIFICATE OF SERVICE

I certify that on [__/__/____], I caused a true and correct copy of the foregoing Stipulation and [Proposed] Order to be served on all counsel of record and parties as follows:

☐ Filed and served electronically via the court's electronic filing system pursuant to GR 30 and applicable local rules, which sent automatic notice to:

Name: [________________________________]

E-Mail: [________________________________]

Name: [________________________________]

E-Mail: [________________________________]

☐ Served by U.S. Mail, postage prepaid on the following non-electronic filing parties pursuant to CR 5(b):

Name: [________________________________]

Address: [________________________________]

[________________________________]

☐ Served by hand delivery/legal messenger on:

Name: [________________________________]

Address: [________________________________]

☐ Served by e-mail (with consent) pursuant to CR 5(b)(7) on:

Name: [________________________________]

E-Mail: [________________________________]

☐ Served by facsimile pursuant to CR 5(b)(8) on:

Name: [________________________________]

Fax No.: [________________________________]

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Executed at [________________________________], Washington, on [__/__/____].

[________________________________]

Name: [________________________________]

WSBA No.: [________________________________]

PART X: WASHINGTON-SPECIFIC PRACTICE NOTES

Court Structure and Filing

1. Superior Courts. Washington has 39 counties, each with a Superior Court. Local court rules supplement the statewide Civil Rules (CR) and can impose additional requirements for stipulations and proposed orders. Always consult the applicable county's local rules before filing.

2. Electronic Filing. Washington courts use various electronic filing platforms depending on the county (e.g., Odyssey File & Serve, Linx). GR 30 authorizes electronic filing statewide. Check the specific county's e-filing requirements, including document format (PDF), proposed order format (Word may be required), and filing codes.

3. Proposed Order Format. Many counties require the proposed order to be submitted as a separate Word document in addition to the PDF stipulation. Some counties (e.g., King County) require proposed orders to be submitted via a dedicated "Proposed Orders" queue. Verify with the assigned judge's chambers.

4. Document Title Requirements. Washington courts require the document title to appear in the caption. Include a descriptive title (e.g., "Stipulation and [Proposed] Order Re: Extension of Discovery Cutoff").

Case Schedule Modifications

5. Good Cause Standard. Under CR 16 and most county local rules, the Case Schedule may be modified only for good cause and with judicial approval. The court retains discretion to deny stipulated modifications.

6. Limited Stipulated Extensions Without Court Order. Under King County LCR 4(b)(4) (and similarly in some other counties), the witness disclosure deadline and discovery cutoff may each be extended by written stipulation for up to 14 additional days without court approval, provided the stipulation includes a clause that no party may use the delay as a basis for a trial continuance. All other modifications require a court order.

7. Trial Date Continuances. Under CR 40 and local rules, trial dates may only be changed by order of the court. Most counties have specific procedures for trial continuance motions, including notice requirements and early filing deadlines.

8. Order Amending Civil Case Schedule. When the stipulation modifies the Case Schedule, the proposed order should be titled "Order Amending Civil Case Schedule" and should be in the same format as the original Case Schedule, per local rules in many counties.

Discovery and Disclosure Rules

9. Discovery Cutoff. Washington's discovery cutoff is set in the Case Schedule. Under CR 29, parties may stipulate to modify discovery procedures, but extensions of court-imposed deadlines require court approval.

10. Expert Disclosure. Expert witness disclosure requirements are governed by CR 26(b)(5) and the Case Schedule. Extensions require good cause.

11. Witness Disclosure. Primary and additional witness disclosure deadlines are set in the Case Schedule and are governed by local rules. Late disclosure may result in exclusion of witnesses at trial.

Service Requirements

12. Electronic Service. Filing through the court's e-filing system constitutes service on all registered users pursuant to GR 30.

13. Service Methods. CR 5(b) permits service by delivery, mail, facsimile (CR 5(b)(8)), or electronic means with consent (CR 5(b)(7)).

14. Declaration Format. Washington uses declarations under penalty of perjury rather than affidavits for unsworn statements. Certificates of service should be made under penalty of perjury pursuant to RCW 9A.72.085.

Electronic Signatures

15. GR 30 Electronic Signatures. Electronic signatures ("/s/ [Name]") are accepted in e-filed documents pursuant to GR 30. The filing attorney's credentials serve as authentication.

16. Opposing Counsel Signatures. Obtain opposing counsel's consent before filing with an electronic signature. Some judges require separate confirmation.

SOURCES AND REFERENCES

• Washington Superior Court Civil Rules: Washington Courts
• Washington CR 16 (Pretrial Procedure and Formulating Issues)
• Washington CR 6(b) (Enlargement of Time)
• Washington CR 29 (Stipulations Regarding Discovery Procedure)
• Washington CR 40 (Assignment of Cases)
• Washington CR 41 (Dismissal of Actions)
• Washington CR 5(b) (Service)
• Washington GR 30 (Electronic Filing)
• RCW 2.28.100 (Stipulations — Effect of)
• RCW 9A.72.085 (Declaration Under Penalty of Perjury)
• King County Local Civil Rules (LCR 4 — Civil Case Schedule): King County LCR
• King County LCR 40 (Assignment of Cases): King County LCR 40
• Washington Courts Local Rules Index: Local Rules