STIPULATION AND [PROPOSED] ORDER

(West Virginia Circuit Court – General Civil Matters)

[// GUIDANCE: Provide good cause referencing the scheduling order or Case Management Order. Note any impact on trial or mediation dates and confirm compliance with local administrative orders.]

1. CAPTION

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

[PLAINTIFF NAME],
Plaintiff,

v. Civil Action No. [CASE NUMBER]
Judge [JUDGE NAME]
[DEFENDANT NAME],
Defendant.

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[ATTORNEY OR SELF-REPRESENTED PARTY]
Name: [NAME] (W. Va. Bar No. [NUMBER])
Firm: [LAW FIRM NAME]
Address: [STREET ADDRESS]
City, State ZIP: [CITY], West Virginia [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 discovery progress, pending motions, and upcoming hearings or trial dates].

2. Agreed Adjustments.
   a. [TERM 1: e.g., “Fact discovery shall close on [DATE].”]
   b. [TERM 2: e.g., “Expert disclosures under Rule 26(a)(2) shall be served by [DATE].”]
   c. [TERM 3: e.g., “Dispositive motions shall be filed by [DATE], noticed for hearing consistent with the Court’s rules.”]
   d. [Additional terms as needed].

3. Authority. This stipulation is submitted pursuant to W. Va. R. Civ. P. 6(b) and 16(b), and is supported by good cause because [JUSTIFICATION].

4. Reservation. Except as expressly modified herein, the Scheduling Order remains in full force and effect.

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

3. SIGNATURES

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DATED: ______

[LAW FIRM NAME]
By: ________
[ATTORNEY NAME]
W. Va. Bar No. [NUMBER]
Counsel for [PLAINTIFF]

[SECOND LAW FIRM NAME]
By: ________
[ATTORNEY NAME]
W. Va. Bar No. [NUMBER]
Counsel for [DEFENDANT]

[// GUIDANCE: Include additional counsel signatures. Electronic signatures (“/s/ Name”) are accepted in e-filing counties.]

4. [PROPOSED] ORDER

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Upon consideration of the foregoing Stipulation and for good cause shown, it is ORDERED that:

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.

ENTER: ______, 20__

Judge, Circuit Court of [COUNTY] County, West Virginia
[// GUIDANCE: Provide the judge’s typed name beneath the signature if required by the circuit.]

5. CERTIFICATE OF SERVICE

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I certify that on [DATE], I served the foregoing Stipulation and [Proposed] Order on all counsel of record via [E-FILING / EMAIL / U.S. MAIL] in accordance with W. Va. R. Civ. P. 5(b). Service was made to:

[NAME]
[ADDRESS / EMAIL]

[NAME OF DECLARANT]
W. Va. Bar No. [NUMBER]
[// GUIDANCE: Update service method to reflect actual practice.]

6. FILING & SERVICE CHECKLIST

• Cite West Virginia authority. Reference W. Va. R. Civ. P. 6(b), 16, 29, 41, or applicable local administrative orders authorizing the stipulation.
• Follow state e-filing procedures. Use the West Virginia E-File system (where implemented) or file via the clerk’s office, ensuring the proposed order is provided in editable format if chambers requires it.
• Serve per Rule 5(b). Provide service through electronic means, mail, or hand delivery as permitted and document compliance with W. Va. R. Civ. P. 5.