Can an Agreed Order be e-signed?

Parties may e-sign consent portions under ESIGN (15 U.S.C. ch. 96) and UETA where adopted, but courts treat official court orders differently; many local rules require judge or clerk signatures via the court’s e-filing system or in wet ink. Always confirm the local court’s electronic filing and signature practices before submitting.

Who must sign the order?

Typically the attorneys or parties who agreed to the continuance sign the draft; the judge or authorized judicial officer must sign the order to make it an official court order. The clerk then files and dockets the signed order per local practice.

What if the judge refuses to sign?

If a judge denies the continuance, the previously scheduled hearing remains in effect. Communicate promptly with all parties about the judge’s decision and take any available procedural steps, such as re-noticing or filing a new motion with supporting grounds.

Is notarization required?

Notarization is generally not required for an Agreed Order itself, but local rules or a particular court may require a notarized signature or additional proof of service. Check court-specific filing rules or the clerk’s guidance when in doubt.

How should I serve the filed order?

Follow local rules: e-filing systems often serve electronic notices automatically, while some courts also require mailed or hand-delivered notice. Include a certificate or declaration of service when required by the court.

How to correct errors after filing?

If the court has entered an order with an error, file a proposed corrected order and motion or stipulation explaining the correction, or contact the clerk for the correct procedure; do not alter the court-stamped document unilaterally.

Electronic Signature
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Agreed Order of Continuance

Agreed Order of Continuance

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

AGREED ORDER OF CONTINUANCE

IN THE CIRCUIT COURT OF , MISSISSIPPI

PLAINTIFF

VS.

NO.

, M.D. and M.D. DEFENDANTS

This civil action came on to be heard on the motion ore tenus of the parties to continue this civil action from its trial setting on and the Court having heard and considered said motion and being otherwise fully advised in the premises is of the opinion that the motion is well-taken and should be granted.

IT IS, THEREFORE, ORDERED AND ADJUDGED that this civil action be and the same is hereby continued from its trial setting on

ORDERED AND ADJUDGED this the day of 20

CIRCUIT JUDGE

What an Agreed Order of Continuance Is

An Agreed Order of Continuance is a written court document in which parties jointly request that a court postpone or reschedule a hearing, trial, or other proceeding. It records the agreed new date or status of the matter and instructs the clerk and judge to continue the case calendar. Because it affects court scheduling and may alter statutory or administrative timelines, the order is typically submitted to the court for approval and signature by the judge or deputy clerk before it takes legal effect.

Why use an Agreed Order of Continuance

An Agreed Order documents mutual consent to reschedule proceedings, reduces dispute over deadlines, and creates a clear record for the court. It supports case management and can preserve rights that hinge on court dates. Note that ESIGN (15 U.S.C. ch. 96) and UETA permit electronic signatures generally, but court orders and official court filings are often governed by local court rules and may require judge approval or specific e-filing procedures.

Who normally prepares and signs this order

After signatures and court approval, the clerk enters the order on the docket and notifies the parties according to local filing and service rules.

Lead counsel for a party — prepares and circulates the draft order for approval.
Opposing counsel or unrepresented party — reviews and signs to indicate agreement.
Court clerk or judicial officer — files and records the order after judicial approval.

Core parts of a professional Agreed Order of Continuance

A clear, enforceable Agreed Order contains standard sections that make the court’s intent and parties’ agreement explicit while enabling clerks and judges to process the request without procedural confusion.

Case Caption

Complete court caption including court name, case number, and party names so the order is unambiguously tied to the active docket.

Recitals

Brief background statements that explain why the parties seek a continuance and confirm mutual agreement to the proposed new schedule.

Continuance Terms

Precise language stating the hearing or trial will be continued to a specific date, time, or to a date to be set by the court.

Instructions to Clerk

Directives for the clerk to update the docket, notify parties, and take any administrative actions required by local rule.

Signature Block

Signing lines for counsel or parties and a separate block reserved for the judge or judicial officer to enter approval and the judge’s signature/date.

Service Statement

Declaration that the draft order was served on all parties, including method of service and date, to meet local service rules.

Step-by-step: preparing and filing the Agreed Order

Follow these sequential steps to prepare, obtain agreement, and submit the order to the court in a way that minimizes delays.

01

Draft Order: Create the proposed order with clear dates and service language.
02

Circulate to Parties: Send the draft to opposing counsel or pro se parties for review and signature.
03

File with Court: Submit the order via the court’s e-filing system or clerk’s office per local rules.
04

Judge Approval: Wait for the judge to sign or endorse the order before relying on the new date.

How the submission and docketing process usually works

Understanding the sequence from agreement to docket entry helps avoid procedural missteps and ensures the continuance is enforceable.

Agreement Reached: Parties agree on a new date or request; document the agreement in writing.
Order Prepared: A formal order is drafted reflecting the parties’ agreement and required court language.
File and Serve: Order is filed with the court and served on all parties according to local rules.
Court Signs: Judge or authorized judicial officer signs; clerk updates the docket and notifies parties.

Configuring an online template for an Agreed Order

Set up a reusable online template with fields and workflow settings that reflect the court’s procedural requirements and signer roles.

Field	Configuration
Template Name	Use a consistent name like 'Agreed Order — Continuance' for reuse
Authentication	Use email or SMS code to verify signer identity
Signature Type	Allow typed or drawn signatures; reserve judge block for manual entry
Routing	Set signer order: preparing counsel, opposing counsel, then court submission

Digital delivery and platform details

Use an e-signature provider that supports audit trails, conditional fields, and the authentication methods required by local court rules.

File Formats: PDF and DOCX supported
Integrations: Salesforce, NetSuite, Google Workspace
Security: TLS 1.2/1.3 and AES-256

Common timing considerations

Key deadlines include timing for filing the order before the scheduled hearing, service on opposing parties, and any court-specified response period.

File Before Hearing:

Submit the order as soon as agreement is reached and before the scheduled hearing

Service to Parties:

Serve the draft order on all parties on or before filing

Judge Review Time:

Allow time for the judge or chambers to review and sign the order

E-Filing Cutoffs:

Observe court e-filing system cutoff times for same-day processing

Notice to Clients:

Notify clients promptly once the order is entered on the docket

Common mistakes to avoid

Submitting unsigned drafts to the court without indicated agreement by all parties causes delays and possible rejection.
Using ambiguous language for dates or times leads to scheduling confusion and potential conflicts with other dockets.
Failing to follow local e-filing or service rules can result in the order not being entered or being returned.
Replacing the judge’s signature block with party signatures when the court requires judicial approval will void the order.

Risks of an incorrect or improperly filed order

Case Delay: Proceedings may be delayed further

Dismissal Risk: Motion or hearing could be dismissed

Sanctions: Court may impose procedural sanctions

Lost Rights: Deadlines and rights may be forfeited

Refiling Costs: Additional fees and time required

Record Errors: Docket may reflect incorrect status

Frequently asked questions about Agreed Orders of Continuance

Answers to common procedural and technical questions about drafting, signing, and filing an Agreed Order, with practical workarounds for frequent issues.

Need help? Contact support

Can an Agreed Order be e-signed?
Parties may e-sign consent portions under ESIGN (15 U.S.C. ch. 96) and UETA where adopted, but courts treat official court orders differently; many local rules require judge or clerk signatures via the court’s e-filing system or in wet ink. Always confirm the local court’s electronic filing and signature practices before submitting.
Who must sign the order?
Typically the attorneys or parties who agreed to the continuance sign the draft; the judge or authorized judicial officer must sign the order to make it an official court order. The clerk then files and dockets the signed order per local practice.
What if the judge refuses to sign?
If a judge denies the continuance, the previously scheduled hearing remains in effect. Communicate promptly with all parties about the judge’s decision and take any available procedural steps, such as re-noticing or filing a new motion with supporting grounds.
Is notarization required?
Notarization is generally not required for an Agreed Order itself, but local rules or a particular court may require a notarized signature or additional proof of service. Check court-specific filing rules or the clerk’s guidance when in doubt.
How should I serve the filed order?
Follow local rules: e-filing systems often serve electronic notices automatically, while some courts also require mailed or hand-delivered notice. Include a certificate or declaration of service when required by the court.
How to correct errors after filing?
If the court has entered an order with an error, file a proposed corrected order and motion or stipulation explaining the correction, or contact the clerk for the correct procedure; do not alter the court-stamped document unilaterally.

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