Legal Appearance Stipulations

LEGAL APPEARANCE STIPULATIONS

This Legal Appearance Stipulations is entered into on this day of , by and between Party A: whose address is , and Party B: whose address is .

Court:    Case Title:    Case No.:

RECITALS

WHEREAS, the parties are parties or counsel of record in the litigation identified above and wish to document agreed stipulations governing appearances, service, scope of appearance, and evidentiary exchange; and

WHEREAS, the parties believe that stipulated provisions regarding who may appear, conditions for appearance by counsel, and procedures for service and exhibits will promote efficiency and avoid unnecessary contested motions;

WHEREAS, the parties intend that these stipulations be binding upon them and their counsel to the extent permitted by applicable law and court rules;

NOW THEREFORE

In consideration of the mutual covenants set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. APPEARANCE AND SCOPE

1.1 Appearance. Counsel for the respective parties listed below shall be authorized to appear at hearings, status conferences, and other proceedings in the above-captioned matter subject to the limitations set forth in this instrument. Counsel appearing under this stipulation shall have authority to request routine continuances, receive orders, and accept service as provided in Section 3.

1.2 Limited or General Appearance. The appearance by any counsel pursuant to this stipulation shall be designated as: Limited to specified matters; General appearance for all matters in this action.

If limited, the scope is described here:

2. AUTHORITY AND REPRESENTATION

2.1 Authority to Bind. Each signatory represents and warrants that the signatory has the authority to bind the party on whose behalf the signatory signs to the terms of this stipulation and that such party expressly consents to the entry of this stipulation.

2.2 Counsel of Record. Counsel appearing under this stipulation shall be:

3. SERVICE OF PLEADINGS AND NOTICES

3.1 Service. Service of pleadings, notices, motions, orders, and other documents shall be effected on counsel for each party at the addresses and contacts provided below. Service by electronic mail, facsimile, regular mail, or personal delivery to the designated contact shall be deemed effective when received in accordance with applicable court rules.

4. STIPULATIONS AS TO FACTS, EVIDENCE, AND EXHIBITS

4.1 Admissions and Facts. The parties stipulate that the matters listed in the field below shall be treated as admitted for the purposes of proceedings unless otherwise withdrawn by written agreement of the parties or order of the court.

4.2 Exhibits. The parties shall exchange lists of proposed exhibits and stipulate to the admissibility of uncontested documentary exhibits where practical. A joint exhibit list shall be provided here:

5. CONTINUANCES, APPEARANCE BY TELECONFERENCE, AND PROCEDURES

5.1 Continuances. Routine stipulations to continue hearings may be made by counsel without court order provided such continuance does not affect trial dates or deadlines established by the court; counsel shall promptly notify the court and opposing counsel of any agreed continuance requiring court approval.

5.2 Remote Appearance. If permitted by the court, counsel may appear by telephone or video conference. Each party consents that appearance by counsel under this stipulation constitutes appearance for purposes of motions and hearings unless expressly limited herein.

6. NO PREJUDICE; PRESERVATION OF RIGHTS

6.1 Preservation. Except as expressly provided in writing, nothing in this stipulation shall be construed as a waiver of any claim, defense, privilege, or objection, including objections to jurisdiction, venue, or admissibility of evidence not covered by express stipulation.

7. NOTICES

7.1 Formal Notices. Formal notices required under this stipulation shall be given in writing to the counsel and addresses set forth in Section 3 and shall be effective upon receipt in accordance with applicable rules.

8. AMENDMENT; WAIVER; COUNTERPARTS

8.1 Amendment. This stipulation may be amended only by a writing signed by the parties or their counsel, or by order of the court.

8.2 Waiver. No waiver of any provision of this stipulation shall be effective unless in writing and signed by the waiving party. Failure to enforce a provision shall not constitute a waiver of future enforcement.

8.3 Counterparts. This stipulation may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

9. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

9.1 Governing Law. This stipulation shall be governed by and construed in accordance with the laws of the jurisdiction in which the court sits.

9.2 Entire Agreement. This stipulation contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and communications, whether oral or written.

9.3 Severability. If any provision of this stipulation is held invalid or unenforceable, the remainder of this stipulation shall continue in full force and effect to the extent permitted by law.

10. MISCELLANEOUS

10.1 Execution. This stipulation may be executed by electronic signature, facsimile, or scanned copy, each of which shall be deemed an original for all purposes.

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