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How to write a Stipulation to continue Trial in legal format


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I was sued by Mandarich  (Plaintiff is Cach, LLC), the trial date was set for March 7, 2014. The lawfirm agreed and also sent me an email agreeing to move the trial out another 60 days. I went to the court house today to see what form I need to file. the lady at the court house just told me I needed to have a "stip" which is not a form just a legal format where both parties agree and sign to move the trial date. Can anyone tell me where to find a sample of such a "form" I have no idea what to even write. Any help would be appreciated.

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No it was not on legal paper it was just one line saying they agreed. I have been searching for 3 hours on anything I could use  but I do not how to file this. Can I just tell the judge we agreed to this new date? The lady at the court house said I needed to file a "stip" in a legal format.

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You could just draft on pleading paper like you would a motion and title it "STIPULATION",

 

State what it is you need to do and that both parties agree; have the lawyer sign it, sign It yourself,  then file it  with the court.

 

Why didn't the lawyer file this? Keep an eye on the court docket, don't trust the lawyer, they may end up showing for a trial without you.

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Here is a MS Word legal pleading template.  You can downlaod this one and fill in/change the appropriate info or make your own.

http://office.microsoft.com/en-us/templates/legal-pleading-paper-28-lines-TC103992040.aspx

 

You can also just email their lawyer and ask if they wouldn't mind drafting the stipulation and sending it to you to sign.

 

 

Edit: if you end up drafting the "stip", the text would be something like:

"Trial in this matter is currently scheduled for May22, 2014 (or whatever).  The parties have conferred and agree to have this court date vacated and rescheduled for a date no less than 60 days after the current date."

 

Or something like that.

 

Then make a place for you to sign and their lawyer to sign.

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Try something like this (you should probably call it Stipulation and [Proposed] Order continuing trial).  The Judge will strike the [Proposed] if she signs the order. You should also probably call the clerk to see if the new date is convenient for the Court.

 

WHEREAS, a trial in this action was originally set for _________; and

WHEREAS, [insert reason for continuance]; and

WHEREAS, the parties have met and conferred and have determined that they can both appear for trial on ________.

 

NOW, THEREFORE, IT IS HEREBY STIPULATED AS FOLLOWS:

 

The trial of this matter, previously set for _____ may be continued until ________.

 

 

____________________

Plaintiff

 

___________________

Defendant

 

Based upon the foregoing stipulation, it is SO ORDERED

 

 

___________________

Judge

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