A stipulation and order example is simply a sample of the two-part document lawyers use to turn a written agreement between parties into a binding court order: the parties set out their terms and sign, then a judge signs an order section at the bottom that gives the agreement the force of a court ruling. The format is fairly standardized across civil courts, and getting it right matters, because a proposed order with the wrong structure can be rejected by the clerk before a judge ever reads the substance.
Below is a working sample for one of the most common uses, an agreed extension of a discovery deadline, followed by a walk-through of each component and the rules that govern how to file it.
A Sample Stipulation and Order
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF [STATE]
JANE DOE,
Plaintiff,
v. Case No. 26-cv-01234
ACME CORPORATION,
Defendant.
STIPULATION AND [PROPOSED] ORDER
EXTENDING DEFENDANT’S TIME TO RESPOND TO DISCOVERY
WHEREAS, Plaintiff served her First Set of Interrogatories on Defendant on [date]; and
WHEREAS, Defendant’s responses are currently due on [date]; and
WHEREAS, the parties have agreed that additional time is warranted due to the volume of documents involved;
IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their respective counsel, as follows:
1. Defendant’s deadline to respond to Plaintiff’s First Set of Interrogatories is extended to [new date].
2. This extension does not alter any other deadlines in this case.
Dated: _______________
/s/ [Plaintiff’s Attorney Name] /s/ [Defendant’s Attorney Name]
[Bar No.] [Bar No.]
[Firm Name] [Firm Name]
[Address] [Address]
Counsel for Plaintiff Counsel for Defendant
ORDER
The above Stipulation having been reviewed by the Court, it is hereby
SO ORDERED.
Dated: _______________
________________________________________
Hon. [Judge’s Name]
United States District Judge
Specific formatting varies by jurisdiction, but the structural pattern above is consistent across most civil courts.
What Each Part of the Document Does
Every piece of the sample is doing a specific job, and understanding why helps you adapt the template to any situation.
- Caption: The top of page one carries the court’s name, the full case title, and the case number. Federal Rule of Civil Procedure 10(a) requires every pleading to have a caption with the court’s name, a title, a file number, and the appropriate designation.1Legal Information Institute. Federal Rules of Civil Procedure Rule 10 – Form of Pleadings
- Document title: A clear descriptive title such as “STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF TIME TO RESPOND TO DISCOVERY” sits below the caption. The word “Proposed” in brackets signals that the document still needs a judge’s signature.
- Recitals: The “WHEREAS” clauses give the judge quick context on why the parties are asking for the order. They’re not strictly required, but they help a busy judge decide whether to sign.
- Numbered terms: The agreement itself appears as numbered paragraphs. Keep each one clear and self-contained so the judge can evaluate and later enforce them individually.
- Signature blocks: Every attorney of record and any unrepresented party must sign. Blocks typically include the printed name, bar number, firm name, address, phone number, and date.
- Order section: The final block, headed “ORDER,” is left blank for the judge. It contains the “IT IS SO ORDERED” directive, a signature line, and a date line.
The stipulation and the proposed order are submitted together as one document, not as two separate filings.
Electronic Signatures
In courts that use electronic filing, the typed /s/ Attorney Name format replaces a wet signature. Combined with the filer’s login credentials, that typed signature is the legal equivalent of a handwritten one. When both sides are signing, the filing attorney usually collects the other side’s consent, places a /s/ block for each signatory, and keeps proof of the authorization in the file. Some courts also accept scanned images of handwritten signatures on electronically filed documents.
Filing the Proposed Order
Once everyone has signed, the stipulation goes to the court as a proposed order. Most federal courts use CM/ECF, and proposed orders often take a different path than regular filings. Many districts want the signed stipulation uploaded as a PDF on the docket and a separate Word-format version uploaded through a dedicated “Proposed Orders” utility inside CM/ECF. The Word file lets the judge or clerk add the judicial signature electronically without rebuilding the document.
Some courts still accept proposed orders by email to chambers or the clerk’s office. Local rules may also require a courtesy copy delivered to chambers the day after electronic filing. Procedures vary enough from one courthouse to another that checking the local rules before your first submission in any new jurisdiction is time well spent.
The judge reviews the proposed order to confirm the terms comply with procedural rules and don’t require the court to do something improper, like sealing records without good cause or waiving a non-waivable statutory requirement. If everything is in order, the judge signs and the clerk enters the order on the docket. If not, the proposal is either rejected outright or returned with instructions for revision.
Why a Judge Might Refuse to Sign
Judges are not rubber stamps on these agreements. A proposed stipulated order can get bounced for any of several reasons:
- Procedural defects: Missing signatures, incorrect formatting, the wrong case number, or missing required attachments can stop the document at the clerk’s desk.
- Conflict with the law: A stipulation cannot override mandatory legal requirements. If a statute requires a hearing before certain relief can issue, the parties cannot stipulate past it. Family law stipulations touching child support, for instance, must include specific mandatory language in many jurisdictions, and leaving it out is a frequent reason for rejection.
- Terms against public policy: Courts will not approve agreements that restrict someone from reporting a crime, waive statutorily non-waivable protections, or produce a fundamentally unjust result.
- Interference with court administration: A scheduling stipulation that would delay trial or clash with the court’s calendar may be rejected even if both sides prefer the new timeline. Under Federal Rule of Civil Procedure 16, modifying a scheduling order requires good cause and the judge’s consent, not just the parties’ convenience.2Legal Information Institute. Federal Rules of Civil Procedure Rule 16 – Pretrial Conferences; Scheduling; Management
When a judge rejects a proposed stipulation, the usual next step is to revise and resubmit. If the objection goes to substance rather than form, the parties may need to abandon the stipulation route and file a formal motion.
Boundary: When You Don’t Need the Judge
Some agreements are binding without a judge’s signature at all. Federal Rule of Civil Procedure 29 lets parties modify most discovery procedures by written stipulation without court approval, as long as the change won’t interfere with existing deadlines for completing discovery, hearing motions, or going to trial.3Legal Information Institute. Federal Rules of Civil Procedure Rule 29 – Stipulations About Discovery Procedure If your extension bumps against any of those three deadlines, though, you need the judge, which is why the sample above includes paragraph 2 confirming that no other deadlines move.
Separately, under Rule 41(a)(1)(A)(ii), a plaintiff can dismiss a lawsuit by filing a stipulation of dismissal signed by all parties who have appeared, with no order from the court.4Legal Information Institute. Federal Rules of Civil Procedure Rule 41 – Dismissal of Actions Unless the stipulation says otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed a federal or state action on the same claim, a second voluntary dismissal operates as a decision on the merits, making it with prejudice regardless of what the paper says.
Adapting the Template to Other Common Uses
The same structural skeleton works across most situations where lawyers reach for a stipulation and order. What changes is the content of the recitals and numbered terms.
Settlement and dismissal. A settlement-related stipulation uses “WHEREAS” clauses that describe the claims being resolved, followed by numbered terms covering the settlement amount, the release of claims, and a statement that the agreement is not an admission of liability. The Federal Judicial Center publishes model forms for stipulated settlements and orders of dismissal that follow this pattern.5Federal Judicial Center. Form 34 – Stipulation of Settlement and Order of Dismissal Some parties file a combined “Stipulation of Settlement and Order of Dismissal” that asks the judge to “so order” the dismissal while approving the settlement terms; others sign the settlement privately and file only a short stipulated dismissal.
Stipulated protective orders. When discovery will involve trade secrets, proprietary business data, or sensitive personal information, the parties typically draft a stipulated protective order spelling out who can see the material, how it must be stored, and what happens to it when the case ends. Courts reviewing these look for a showing of good cause explaining why the information needs confidential treatment.6Federal Judicial Center. Confidential Discovery – A Pocket Guide on Protective Orders
Undisputed facts. If both sides agree the accident happened on a specific date or that a contract was signed by both parties, a stipulation to those facts eliminates the need to prove them at trial and narrows the issues the judge or jury has to decide.
Family law. In family cases, stipulated orders resolve substantive matters like custody arrangements, support obligations, and property division, letting the parties control the outcome rather than leaving the decision to a contested hearing.
What Signing Means: Enforcement and Later Changes
Once the judge signs, the stipulation becomes a court order with the same force as any other order the court could issue. A party that violates a term isn’t just breaking a promise to the other side; they’re defying the court. The usual response is a motion for contempt. Federal courts have inherent power to punish disobedience by fine, imprisonment, or both.7Office of the Law Revision Counsel. 18 USC 401 – Power of Court Civil contempt is designed to coerce compliance and continues until the violating party does what the order requires. A court can also order the non-compliant party to reimburse the other side’s attorney fees caused by the violation, as long as there’s a direct connection between the conduct and the fees.8Congress.gov. ArtIII.S1.4.3 Inherent Powers Over Contempt and Sanctions Criminal contempt, reserved for willful defiance, carries a definite sentence.
Changing a stipulated order after entry runs through Federal Rule of Civil Procedure 60. Rule 60(a) allows correction of clerical mistakes (a misspelled name, a wrong date everyone agrees is a typo) at any time. Substantive relief from the order (mistake or excusable neglect, newly discovered evidence, fraud, voidness, or changed circumstances that make continued enforcement inequitable) comes under Rule 60(b).9Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order For mistake, new evidence, and fraud, the motion must be filed within one year of entry; all Rule 60(b) motions must be filed within a reasonable time. Simply regretting the deal is not grounds for relief, because the system depends on the finality of agreements voluntarily made. That’s the real reason the format of a stipulation and order matters: the document you draft today is the one you’ll be held to tomorrow.