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

STIPULATION AND [PROPOSED] ORDER

West Virginia Circuit Court — General Civil Matters

Governed by: West Virginia Rules of Civil Procedure (effective January 1, 2025, as revised), West Virginia Trial Court Rules, and applicable local circuit court rules

DOCUMENT PREPARATION CHECKLIST

☐ All party names and civil action number verified against the case record
☐ Applicable West Virginia Rule(s) of Civil Procedure identified for the stipulation
☐ Good cause statement drafted with specific factual basis (required under Rule 16(b))
☐ All counsel have reviewed and agreed to the stipulated terms
☐ Impact on existing scheduling order deadlines and trial date assessed
☐ Local circuit court rules reviewed for supplemental requirements
☐ Proposed order prepared in editable format for chambers (if required)
☐ West Virginia State Bar identification numbers confirmed for all signing attorneys
☐ Certificate of service prepared with correct service method under Rule 5(b)
☐ E-filing requirements verified (West Virginia E-File system or clerk's office)
☐ Rule 26(f) discovery conference obligations considered (if discovery-related stipulation)

1. CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

[________________________________],
Plaintiff,

v.             Civil Action No. [________________________________]

[________________________________],
Defendant.          Judge: [________________________________]

2. ATTORNEY INFORMATION — STIPULATING 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 civil action was filed on [__/__/____] and is presently assigned to the Honorable [________________________________], Judge of the Circuit Court of [________________________________] County, West Virginia.

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

3. Pursuant to the revised W. Va. R. Civ. P. 16(b) (effective January 1, 2025), the Court issued its scheduling order within the earlier of 90 days after any defendant was served or 60 days after any defendant appeared.

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

B. Good Cause Statement

5. Good cause exists to enter the stipulation set forth below because:
   [________________________________]
   [________________________________]
   [________________________________]

Under revised W. Va. R. Civ. P. 16(b), a scheduling order may be modified "only for good cause and with the judge's consent." The parties respectfully submit that the above circumstances satisfy this standard.

C. Agreed Terms

6. The parties stipulate and agree to the following:

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

b. [________________________________]
(e.g., "Expert disclosures under W. Va. R. Civ. P. 26(a)(2) shall be served by [DATE].")

c. [________________________________]
(e.g., "Dispositive motions shall be filed by [DATE].")

d. [________________________________]
(e.g., "Mediation before a mediator selected by the parties shall be completed by [DATE].")

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

D. Type of Stipulation

☐ Modification of Scheduling Order — W. Va. R. Civ. P. 16(b) (good cause and judge's consent required)
☐ Discovery Stipulation — W. Va. R. Civ. P. 29 (modification of discovery procedures by written agreement)
☐ Extension of Time — W. Va. R. Civ. P. 6(b) (enlargement of time for cause shown)
☐ Stipulation of Dismissal — W. Va. R. Civ. P. 41(a) (voluntary dismissal by stipulation of all parties)
☐ Stipulation of Facts — Agreed facts to avoid unnecessary proof at trial
☐ Stipulation Regarding Admissibility — Authentication of documents and exhibits
☐ Settlement Stipulation — Settlement terms to be incorporated by court order
☐ Other — [________________________________]

E. Compliance with Rule 26(f) Discovery Conference (If Applicable)

7. ☐ The parties have complied with the revised W. Va. R. Civ. P. 26(f) conference requirements and submitted the required written discovery report within 14 days of the conference.
   ☐ This stipulation does not implicate Rule 26(f) requirements.
   ☐ The parties are modifying discovery deadlines previously established following the Rule 26(f) conference.

F. Impact on Trial and Other Deadlines

8. ☐ 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.

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

G. Reservation of Rights

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

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

H. Authority

12. Each undersigned attorney represents that he or she has the authority of his or her respective client to enter into this Stipulation. Consistent with W. Va. R. Civ. P. 16(c), at least one attorney for each party has authority to enter into stipulations and make admissions regarding all matters reasonably anticipated to be discussed.

I. Request for Entry of Order

13. The parties respectfully request that this Court approve this Stipulation and enter the [Proposed] Order set forth below.

4. SIGNATURES OF COUNSEL

AGREED AND STIPULATED:

Date: [__/__/____]

FOR PLAINTIFF:

[________________________________]
[Attorney Name]
W. Va. State Bar No. [________________________________]
[Firm Name]
[Address]
[City], West Virginia [ZIP]
[Phone] | [Email]

Signature: ________________________________

FOR DEFENDANT:

[________________________________]
[Attorney Name]
W. Va. State Bar No. [________________________________]
[Firm Name]
[Address]
[City], West Virginia [ZIP]
[Phone] | [Email]

Signature: ________________________________

FOR [ADDITIONAL PARTY] (if applicable):

[________________________________]
[Attorney Name]
W. Va. State Bar No. [________________________________]

Signature: ________________________________

Note on Electronic Signatures: Electronic signatures in the form "/s/ [Attorney Name]" are accepted in counties that have implemented the West Virginia E-File system. Verify electronic filing availability in your circuit.

5. [PROPOSED] ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

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

ORDER ON STIPULATION OF THE PARTIES

This matter comes before the Court upon the joint Stipulation filed by the parties on [__/__/____]. The Court, having reviewed the Stipulation and finding good cause shown pursuant to W. Va. R. Civ. P. 16(b), hereby ORDERS as follows:

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

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

3. [________________________________]
   (e.g., "Expert disclosures under W. Va. R. Civ. P. 26(a)(2) 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 upon consultation with counsel.

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

8. The Clerk of the Circuit Court shall serve a copy of this Order upon all counsel of record and any unrepresented parties.

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

________________________________
The Honorable [________________________________]
Judge, Circuit Court of [________________________________] County, West Virginia

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 and all unrepresented parties by the following method(s), in compliance with W. Va. R. Civ. P. 5(b):

☐ West Virginia E-File system (electronic service)
☐ Electronic mail (email)
☐ United States Mail, first class, postage prepaid
☐ Hand delivery
☐ Facsimile transmission

Service List:

________________________________
[Attorney Name]
W. Va. State Bar No. [________________________________]

7. PRACTICE NOTES AND WEST VIRGINIA-SPECIFIC REQUIREMENTS

A. 2025 Rule Revisions — Key Changes

The West Virginia Supreme Court of Appeals adopted substantial revisions to the West Virginia Rules of Civil Procedure, effective January 1, 2025. Practitioners must be aware of the following changes relevant to stipulations and scheduling:

• Rule 16(b) — Scheduling Orders: The revised rule requires issuance of a scheduling order within the earlier of 90 days after any defendant is served or 60 days after any defendant appears. Modification requires good cause and the judge's consent. This aligns West Virginia practice with the federal model under Fed. R. Civ. P. 16(b).

• Rule 26(a) — Required Disclosures: The revised rules introduce mandatory initial disclosures (similar to federal practice), which must be made within 30 days after the Rule 26(f) conference. Stipulations may need to address these disclosure obligations.

• Rule 26(f) — Conference of Parties: Parties must confer as soon as practicable, but at least 30 days after a responsive pleading is filed, to discuss discovery issues and submit a written discovery report within 14 days of the conference.

• Rule 29 — Stipulations About Discovery: The revised rule permits parties to stipulate to modifications of discovery procedures, including the timing and sequence of discovery, without court approval unless the stipulation would interfere with the time set for completing discovery, a hearing on a motion, or trial.

B. Filing Requirements

• E-Filing: West Virginia has implemented electronic filing in many circuits. Verify availability through the West Virginia Judiciary website at www.courtswv.gov. Not all circuits have adopted e-filing; in those circuits, filing must be made in paper with the circuit clerk's office.

• Proposed Orders: Many circuits require proposed orders in editable format (Microsoft Word). Confirm your circuit's specific requirements before filing. Some judges accept proposed orders submitted via email to chambers.

• Bar Numbers: All West Virginia attorneys must include their West Virginia State Bar identification number on court filings. Current registration status can be verified through the West Virginia State Bar at www.wvbar.org.

C. Rule 29 — Stipulations Without Court Approval

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

• The stipulation must not interfere with the time set for completing discovery, for a hearing on a motion, or for trial.
• If the stipulation would affect any of these deadlines, court approval is required.
• The stipulation must be filed with the court even if court approval is not required.

D. Rule 6(b) — Extension of Time

Under revised W. Va. R. Civ. P. 6(b):

• Before deadline expires: The court may, for good cause, extend the time for a party to act on motion made before the original time expires.
• After deadline expires: An extension may be granted only upon a motion made after the time has expired if the party failed to act because of excusable neglect.
• Extensions may not be granted for certain deadlines absent specific authorization in the rules.

E. Trial Court Rules

The West Virginia Trial Court Rules (W. Va. T.C.R.) supplement the Rules of Civil Procedure. Key provisions include:

• Rule 23.05 — Addresses stipulations in civil matters and provides additional guidance on the form and content of stipulated agreements.
• Rule 26 — Addresses case management and pretrial conference procedures.
• Rules 28–30 — Address motion practice and hearing procedures.

F. Common Types of Stipulations in West Virginia Practice

G. Service Requirements Under Rule 5(b)

Service of the stipulation and proposed order must be made in accordance with W. Va. R. Civ. P. 5(b), which permits service by:

• Delivering a copy to the attorney or party
• Mailing a copy to the last known address
• Electronic means if the recipient has consented to electronic service
• Through the West Virginia E-File system (where available)

8. SOURCES AND REFERENCES

• West Virginia Rules of Civil Procedure (effective January 1, 2025) — https://www.courtswv.gov/legal-community/court-rules/rules-civil-procedure-contents
• West Virginia Trial Court Rules — https://www.courtswv.gov/legal-community/court-rules/wv-trial-court-rules-contents
• West Virginia Rules of Civil Procedure (PDF, revised 2025) — https://www.courtswv.gov/sites/default/pubfilesmnt/2025-02/RCP%20Final.pdf
• Former West Virginia Rules of Civil Procedure (for pre-2025 comparison) — https://www.courtswv.gov/sites/default/pubfilesmnt/2025-01/Former%20West%20Virginia%20Rules%20of%20Civil%20Procedure.pdf
• 2025 WV Rules Amendment Deadlines Summary — https://wvbar.org/wp-content/uploads/2024/08/2025-WV-Rules-Amendment-Deadlines-Summary-4882-9674-5388-6-002-1.pdf
• "West Virginia Adopts Substantial Civil Rules Changes" (Federalist Society) — https://fedsoc.org/commentary/fedsoc-blog/west-virginia-adopts-substantial-civil-rules-changes
• West Virginia Judiciary Official Website — https://www.courtswv.gov
• West Virginia State Bar — https://wvbar.org