Legal Court Forms

COURT FILING COVER SHEET AND JOINT STIPULATION

This Court Filing Cover Sheet and Joint Stipulation (the "Stipulation") is entered into on by and between Plaintiff: and Defendant: in the matter pending in , Case No. .

RECITALS

WHEREAS, Plaintiff commenced the above-captioned action against Defendant and the parties seek to coordinate the filing and presentation of papers to the Court in an orderly manner;

WHEREAS, the parties desire to stipulate to certain procedural matters, to identify documents submitted with filings, and to provide the Court with a single cover sheet summarizing the filings and proposed relief; and

WHEREAS, the parties intend that this Stipulation shall facilitate service and notice, reduce duplication, and not alter any substantive rights except as expressly set forth herein;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DESCRIPTION OF FILING

The documents submitted with this Stipulation are described as follows. Each reproduced document shall be deemed part of the record for purposes of the subject motion, hearing, or proceeding.

2. HEARING AND SCHEDULING

The parties request that the Court schedule or note the following hearing or status date, subject to the Court's calendar and rules: Hearing Date: at .

3. SERVICE, CERTIFICATION AND PROOF OF SERVICE

Each party certifies that it has served or will effect service of the documents identified in Section 1 in accordance with the applicable rules of civil procedure. Service shall be made by the following method(s) (check all that apply):

Electronic service by email    United States mail    Hand delivery    Facsimile transmission

4. STIPULATED RELIEF AND PROCEDURES

The parties agree, upon the Court's approval, that: (a) the documents identified herein shall be deemed filed and entered into the record; (b) any exhibits described in Section 1 shall be received subject to authenticating declarations or testimony at hearing; and (c) deadlines and related procedures shall be governed by the schedule ordered by the Court. The parties further agree to cooperate in preparing any proposed order necessary to effectuate this Stipulation.

Yes    No

5. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has the authority to enter into this Stipulation, that the person signing on its behalf is duly authorized, and that the statements and certifications made in connection with the filings are true and correct to the best of that party's knowledge and belief. Each party further acknowledges its obligation to supplement or amend any certification if materially changed information becomes known prior to final adjudication.

6. NOTICES

Any notice, request, demand, or other communication required or permitted under this Stipulation shall be in writing and delivered to the address or email provided in the Service of Notices section above, or to such other address as any party may designate by notice pursuant to this Section. Notices shall be effective upon receipt or, if mailed, three business days after deposit in the United States mail.

7. AMENDMENT; WAIVER

This Stipulation may be amended only by a writing signed by authorized representatives of both parties and, where required, approved by the Court. No waiver of any provision hereof shall be effective unless in writing and signed by the party against whom enforcement of the waiver is sought. A waiver of any breach shall not be deemed a waiver of any subsequent breach.

8. GOVERNING LAW; VENUE

This Stipulation shall be governed by and construed in accordance with the substantive law of the jurisdiction in which the Court sits, without regard to principles of conflict of laws. Venue for any action to enforce this Stipulation shall lie in the same court in which the above-captioned action is pending.

9. ENTIRE AGREEMENT; SEVERABILITY

This Stipulation contains the entire agreement of the parties with respect to the subject matter hereof. If any provision of this Stipulation is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and the invalid or unenforceable provision shall be reformed to the minimum extent necessary to make it valid and enforceable.

10. 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. Signatures delivered by electronic means shall be deemed original signatures for all purposes.

CERTIFICATION

Each undersigned certifies under penalty of perjury under the laws of the governing jurisdiction that the information contained in this Cover Sheet and the accompanying documents is true and correct and that the signer is authorized to bind the party on whose behalf the signature is made.

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