Is an electronic signature valid?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. §7001) and UETA in adopting states when the signature demonstrates intent, consent, signer attribution, and retention. Certain exceptions (e.g., wills, some court filings) may still require wet signatures.

When is notarization required for stipulations?

Notarization is not typically required for stipulations filed in most civil dockets, but some courts or specific document types may require notarized signatures or acknowledgments. For notarization rules, review state notary law and local court rules or contact the clerk’s office.

Can parties sign remotely?

Yes, if the court and applicable state law permit electronic signatures and remote notarization where required. Remote Online Notarization (RON) is accepted in most states but rules vary; verify identity-proofing, audio-video, and recording requirements in your jurisdiction.

What if dates conflict between filings?

Conflicting dates can invalidate the stipulation or require clarification from the court. File an amended stipulation or a motion to correct the record and serve all parties; courts may reject or request explanation before entering a continuance.

Does ESIGN apply to stipulations?

Yes. The ESIGN Act (15 U.S.C. §7001) establishes that electronic records and signatures have the same legal effect as paper when requirements are met. Intrastate filings may instead rely on UETA or state law such as New York's ESRA.

Correcting a filed stipulation

If the filed stipulation contains errors, file an amended stipulation or a motion to correct the docket, and serve all affected parties. Provide clear explanation of the error, attach proposed corrected language, and include a certificate of service to avoid further procedural delay.

Electronic Signature
Templates
Legal
Legal Stipulation to Continue

Legal Stipulation to Continue

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

LEGAL STIPULATION TO CONTINUE

This Legal Stipulation to Continue is entered into by and between Plaintiff Name: represented by Counsel: , and Defendant Name: represented by Counsel: , in Case Number: pending before Court: , currently scheduled for hearing on: .

Recitals

WHEREAS, the parties to this action desire to continue the hearing identified above to permit additional time to confer, complete outstanding discovery, and attempt resolution without further court intervention;

WHEREAS, counsel for the parties have met and conferred in good faith and agree that a continuance is appropriate and will not prejudice the parties or cause undue delay to the administration of justice;

WHEREAS, the parties intend to submit this stipulation to the court and request that the court order the continuance on the terms set forth below;

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, and intending to be legally bound, the parties stipulate and agree as follows:

1. Stipulation to Continue

The parties hereby stipulate to continue the hearing currently scheduled for to the new date and time set forth in Section 2. Each party agrees to seek the court's approval of this stipulation and to take any ministerial steps necessary to effectuate the continuance.

2. Proposed New Date and Time

The parties propose that the hearing be continued to: Date: Time: . If the court is unavailable on the proposed date, counsel shall meet and confer and submit an alternative mutually agreeable date to the court promptly.

3. Effect on Deadlines and Related Proceedings

Unless otherwise ordered by the court, all statutory and procedural deadlines that are tied to the original hearing date shall be extended by days from the new hearing date. The parties agree that no further continuances shall be requested for the same reasons without good cause shown to the court.

4. Representations and Authority

Each signatory below represents and warrants that they are duly authorized to enter into this stipulation on behalf of the party for whom they sign, that they have made all necessary inquiries, and that the execution of this stipulation and any acts required to effectuate it will not violate any agreement or court order to which the executing party is subject.

5. Request for Court Approval

Upon execution, counsel for the parties shall promptly lodge or file this stipulation with the presiding court and shall request that the court enter an order continuing the hearing to the proposed date and modifying any affected deadlines as set forth herein. The parties acknowledge that the continuance is subject to the court's approval and that nothing in this stipulation binds the court to the proposed schedule.

6. Service and Notices

All notices, pleadings, and correspondence relating to this stipulation shall be served in accordance with the applicable rules of civil procedure. Service information for each party is provided below. Service by e-mail shall be effective only where authorized by court rule or prior agreement of the receiving party.

Plaintiff Notice Address Defendant Notice Address

7. Costs and Fees

Unless otherwise ordered by the court, each party shall bear its own costs and attorney fees incurred as a result of or in connection with the preparation and filing of this stipulation and the requested continuance.

8. Governing Law

This stipulation shall be governed by and construed in accordance with the laws of the state in which the action is pending, without regard to its conflict of laws principles.

9. Entire Agreement

This stipulation constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to the continuance of the hearing referenced herein.

10. Severability

If any provision of this stipulation is held to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

11. Amendments and Waiver

This stipulation may be amended only by a written instrument signed by both parties or their authorized counsel. No waiver of any provision shall be effective unless in writing and signed by the party against whom the waiver is asserted.

12. 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. Facsimile, scanned, or electronic signatures shall be treated as originals for all purposes.

13. Additional Terms

Plaintiff / Party A:

By:

Date:

Defendant / Party B:

By:

Date:

What the Legal Stipulation to Continue Is

The Legal Stipulation to Continue is a written agreement used to pause or extend a pending legal matter, deadline, hearing, or trial date. Parties or their attorneys record consent to delay a scheduled event or extend filing or performance deadlines, then file the stipulation with the appropriate court or administrative body for approval. The document identifies the matter, explains the reason for the continuance, specifies the new date or deadline, and records signatures or counsel acknowledgments. Courts may require additional supporting information or a judge’s endorsement before a continuance takes effect.

Why a Stipulation to Continue Matters

A Legal Stipulation to Continue reduces litigation scheduling conflicts, preserves parties’ procedural rights, and documents mutual agreement to delay actions. It clarifies new deadlines for filings or appearances and helps avoid default judgments or missed obligations when properly filed and approved by the court.

Who Typically Prepares and Signs This Document

Common users include litigants, defense and plaintiff counsel, and administrative parties who coordinate scheduling and filings.

Attorneys representing civil parties seeking mutual or unilateral postponement of hearings, trials, or filing deadlines.
Pro se litigants requesting extra time to prepare responses or obtain counsel before scheduled proceedings.
Administrative agencies and opposing counsel agreeing to revised timelines for regulatory filings or compliance actions.

Verify local court rules or administrative guidance before filing; some jurisdictions require judge approval or specific formatting.

Typical Signers and Filers

Attorney

A licensed attorney files or signs stipulations on behalf of a client, often negotiating continuance terms with opposing counsel, documenting reasons, and submitting the stipulation to the court clerk for judicial consideration. Counsel ensures compliance with local rules.

Pro se

An unrepresented party may prepare and sign a stipulation to continue; courts often require clearer explanations and may enforce stricter proof of consent. Pro se filings must follow procedural formatting and timing rules in the jurisdiction.

Essential Elements of a Professional Stipulation to Continue

A professional stipulation organizes case identification, grounds for continuance, proposed dates, and service details to aid court review and acceptance.

Caption

Include court name, case title, docket number, judge’s name if known, and the document title 'Stipulation to Continue' so the clerk can immediately identify the matter and process filing correctly.

Recitals

Summarize background facts and the reason for the continuance, referencing pending motions or scheduling conflicts that justify the requested delay in clear, concise language.

Continuance Terms

State what is being continued (hearing, trial, filing deadlines), the agreed length of the continuance, and any conditions imposed by the parties.

New Schedule

Provide the new proposed date(s), time, and alternative options; indicate whether dates are agreed by all parties or subject to the court’s availability.

Signatures

Provide dated signatures of all parties or counsel, with printed names, roles, and contact information; some courts require attorneys to include bar numbers.

Certificate of Service

Detail how and when the stipulation was served on opposing parties, listing methods (email, mail, e-service) to satisfy proof of notice requirements.

Step-by-Step: Prepare and File a Stipulation to Continue

Follow these steps to prepare, execute, and file a Legal Stipulation to Continue with the appropriate court or agency.

01

Identify Matter: List case number, parties, and current hearing date.
02

Explain Reason: Provide concise factual basis for the requested continuance.
03

Propose Dates: State proposed new date or deadline and alternatives.
04

File & Serve: Submit to clerk and serve all parties per rules.

Configuring an Electronic Workflow for the Stipulation

Set up an electronic workflow to collect and record signatures, service, and court filing proof for the stipulation.

Field	Configuration
Effective Date	MM/DD/YYYY; determines new deadline in court record.
Signers	Primary and opposing counsel emails; allow guest signing.
Service Method	Attach certificate of service; email and mail options.
Court Filing	Upload filed PDF and docket entry for record.

Platform and File Requirements for eSubmission

For eSubmission, confirm platform accepts signed PDFs, preserves audit trails, and meets court electronic filing requirements.

Formats: PDF/A or PDF with embedded signatures
Authentication: Email, SMS code, or advanced methods
Integrations: E-filing systems and court portals

Typical Routing and Approval Flow

Typical routing: prepare the stipulation, collect signatures, file with the clerk, and obtain the court’s endorsement or order.

Draft: Create stipulation documenting reason and new date.
Sign: Obtain signatures from parties or counsel.
File: Deliver to court clerk with required proof of service.
Judge Approval: Await judge’s order or docket entry recording continuance.

Timing and Notice Considerations

Timing varies by court; submit the stipulation as soon as possible and serve all parties per the jurisdiction’s rules.

Filing and Service Deadlines:

File promptly; local rules may require filing within 24–72 hours.

Judge Response Time:

Judge may sign same day or within weeks depending on docket.

Emergency Motions:

Shorter timelines; some courts require next-day hearings.

Civil vs Criminal Variations:

Criminal continuances often require stronger justification.

Administrative Proceedings:

Agency rules set specific filing and service intervals.

Key Milestones from Draft to Court Entry

Key milestones from preparation to final court action outline what parties should expect during the continuance process.

01

Preparation & Drafting

Draft stipulation and obtain internal approvals.

02

Service to Opposing Parties

Serve all parties and allow required notice period.

03

File with Clerk

Submit document and certificate of service to the court.

04

Judge’s Entry

Judge signs order or docket entry reflecting continuance.

How eSignature Plans Compare for Filing and Audit Needs

Vendor plan and feature comparison focused on eSignature capabilities that affect filing, auditability, and HIPAA or court-use considerations.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Audit Trail: Timestamped log with signer attribution

HIPAA: BAA available; PHI protection standards

Regulatory Compliance: ESIGN, UETA, 21 CFR Part 11

Access Controls: Role-based access and SSO/SAML

Certifications: SOC 2 Type II; ISO 27001

Penalties and Risks of an Incorrect Stipulation

Missed Deadlines: Risk of default or dismissal

Court Sanctions: Monetary or procedural penalties

Invalid Stipulation: Notary/witness failure voids agreement

Tax/Compliance: Filing extensions may affect tax deadlines

I-9/Employment: Paperwork errors trigger fines

Reputational Risk: Delay may harm negotiation leverage

Common Preparation Mistakes to Avoid

Failing to obtain court approval after filing a stipulation, assuming mutual consent alone is sufficient to change hearing dates.
Using inconsistent dates or vague language about the new deadline, which can lead to dispute or scheduling conflicts requiring further motions.
Neglecting to include required signatures, counsel acknowledgments, or certificate of service; courts may reject incomplete filings without notice.
Relying on unsigned email agreements or informal confirmations instead of a signed stipulation filed per local rules.

Practical Tips for Reliable Filing

Best practices reduce rejection and increase enforceability; follow these steps when preparing a stipulation to continue.

Confirm Local Rules

Verify the court’s local rules and standing orders for continuances, including required notice periods, formatting, signatures, and whether electronic filing or eSignatures are acceptable for stipulations; noncompliance can result in rejection.

Include Certificate of Service

Attach a certificate of service stating how and when all parties were served with the stipulation; courts use this to verify notice, and omissions can delay docketing or require re-service.

Use Clear Dates and Alternatives

State precise dates using MM/DD/YYYY and list at least one alternative date; ambiguous or open-ended continuance requests are less likely to be approved and cause scheduling confusion.

Retain Proofs

Keep copies of the signed stipulation, proof of service, and the filed docket entry as part of the case file; they support enforcement and are necessary for appeals or record requests.

Real-World Use Cases

Real examples show how stipulations to continue resolve scheduling conflicts and preserve rights while minimizing court resources.

Civil Litigation Example

Two parties agreed to a continuance while settlement negotiations proceeded, avoiding repeated hearings and preserving judicial resources.

Court signed the stipulation and reset the trial date.
The stipulation was drafted by counsel, filed with the court clerk, and served on all parties. The court entered the continuance on the docket, preventing defaults and allowing time for mediation without additional motion practice.

Administrative Proceeding

An agency proceeding required additional time for evidence collection; parties filed a stipulation to continue the hearing date by mutual consent.

Agency accepted the stipulation and postponed the hearing.
The stipulation documented the reasons, proposed alternative dates, and included proofs of service. Using a signed, filed stipulation minimized procedural disputes and allowed the agency to adjust timelines without issuing a formal continuance order.

Frequently Asked Questions

Common questions about preparing, signing, and filing a Legal Stipulation to Continue, including validity, signatures, and court requirements, are addressed below.

Need help? Contact support

Is an electronic signature valid?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. §7001) and UETA in adopting states when the signature demonstrates intent, consent, signer attribution, and retention. Certain exceptions (e.g., wills, some court filings) may still require wet signatures.
When is notarization required for stipulations?
Notarization is not typically required for stipulations filed in most civil dockets, but some courts or specific document types may require notarized signatures or acknowledgments. For notarization rules, review state notary law and local court rules or contact the clerk’s office.
Can parties sign remotely?
Yes, if the court and applicable state law permit electronic signatures and remote notarization where required. Remote Online Notarization (RON) is accepted in most states but rules vary; verify identity-proofing, audio-video, and recording requirements in your jurisdiction.
What if dates conflict between filings?
Conflicting dates can invalidate the stipulation or require clarification from the court. File an amended stipulation or a motion to correct the record and serve all parties; courts may reject or request explanation before entering a continuance.
Does ESIGN apply to stipulations?
Yes. The ESIGN Act (15 U.S.C. §7001) establishes that electronic records and signatures have the same legal effect as paper when requirements are met. Intrastate filings may instead rely on UETA or state law such as New York's ESRA.
Correcting a filed stipulation
If the filed stipulation contains errors, file an amended stipulation or a motion to correct the docket, and serve all affected parties. Provide clear explanation of the error, attach proposed corrected language, and include a certificate of service to avoid further procedural delay.

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