Stipulation

Stipulation in the United States

Contents:

An agreement between parties to a legal action on some matter related to that action. A stipulation may be to a point of fact or procedure. The parties may stipulate or agree, for example, that the incident on which the suit is based occurred on a particular day at a particular time. Given the agreement, there is no need to call witnesses to establish that fact. A stipulation may also be procedural. The parties might, for example, agree to extend the deadlines for various submissions. Stipulations are committed to writing and signed by attorneys for both parties.

See Also

Pretrial Conference (Civil Process).

Analysis and Relevance

Stipulations are valuable in focusing the issues that require adjudication. The stipulation isolates uncontested fact and eliminates the need to resolve fact on that question. By reducing the number of questions that need to be resolved, trials are shortened. Trial judges actively attempt to dispose of questions by stipulation during pretrial conferences.

Notes and References

  1. Definition of Stipulation from the American Law Dictionary, 1991, California

Stipulation Definition

A material article in an agreement. The term appears to have derived its meaning from the use of stipulatio above given; though it is applied more correctly and more conformably to its original meaning to denote the insisting upon and requiring any particular engagement. 2 Poth. Obi. (Evans Ed.) 19. It is commonly applied to agreements between counsel in respect to matters of proceeding. In Admiralty Practice. A recognizance of , certain persons (called in the old law fide jussors) in the nature of bail for the appearance of a defendant. 3 Bl. Comm. 108. These stipulations are of three sorts, namely: Judioatum solvi, by which the party is absolutely bound to pay such sum as nlay be adjudged by the court; de judicio sisti, by which he is bound to appear from time to time during the pendency of the suit, and to abide the sentence; de ratio, or de rata, by which he engages to ratify the acts of his proctor.. This stipulation is not usual in the admiralty courts of the United States. The securities are taken in the following manner, namely: Cautio fide jussoria, by sureties; pignoratitia, by deposit; juratoria, by oath, this security is given when the party is too poor to find sureties, at the discretion of the court; nvde promissoria, by bare promise, this security is unknown in the -admiralty courts of the United States. Hall, Adm. Prac. 12; Dunl. Adm. Prac. 150, 151. See 17 Am. Jur. 51.

Stipulation in Foreign Legal Encyclopedias

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Legal Issue for Attorneys

A material article in an agreement. The term appears to have derived its meaning from the use of stipulatio above given; though it is applied more correctly and more conformably to its original meaning to denote the insisting upon and requiring any particular engagement. 2 Poth. Obi. (Evans Ed.) 19. It is commonly applied to agreements between counsel in respect to matters of proceeding. In Admiralty Practice. A recognizance of , certain persons (called in the old law fide jussors) in the nature of bail for the appearance of a defendant. 3 Bl. Comm. 108. These stipulations are of three sorts, namely: Judioatum solvi, by which the party is absolutely bound to pay such sum as nlay be adjudged by the court; de judicio sisti, by which he is bound to appear from time to time during the pendency of the suit, and to abide the sentence; de ratio, or de rata, by which he engages to ratify the acts of his proctor.. This stipulation is not usual in the admiralty courts of the United States. The securities are taken in the following manner, namely: Cautio fide jussoria, by sureties; pignoratitia, by deposit; juratoria, by oath, this security is given when the party is too poor to find sureties, at the discretion of the court; nvde promissoria, by bare promise, this security is unknown in the -admiralty courts of the United States. Hall, Adm. Prac. 12; Dunl. Adm. Prac. 150, 151. See 17 Am. Jur. 51.

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Notice

This definition of Stipulation Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

Agreements concerning certain phases of a lawsuit made by attorneys for opposing parties by mutual consent. The agreement might be an accommodation to opposing counsel, such as an extension of the time in which to file a pleading; or it might be an agreement that will save time in court, such an agreement admitting certain facts. Usually the stipulation is an agreement among the attorneys for all parties to an action (in U.S. law). However, it may be simply an agreement between the attorney for the plaintiff and the attorney for a defendant, the other defendants not being interested in the particular stipulation. Although stipulations are filed in court (except in those few jurisdictions where no papers are filed until note of issue), approval of the court to the stipulation is not usually required.

A stipulation consists of the following parts:

1. Caption

2. Body

3. Dateline

4. Signatures of attorneys for all interested parties.

Example

Stipulation extending time to answer:

“It is Hereby Stipulated and Agreed by and between the undersigned attorneys that the time for defendant …. to answer or otherwise plead to the ….day of …herein, filed the …., be and the same hereby is extended to and including the … day of ….”

(Revised by Ann De Vries)

What is Stipulation?

For a meaning of it, read Stipulation in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Stipulation.

Stipulation in the context of Juvenile and Family Law

Definition ofStipulation, published by the National Council of Juvenile and Family Court Judges: An agreement between the attorneys in a case, entered into in court, allowing a certain fact to be established in evidence without the necessity for further proof. Depending upon the requirements of the particular jurisdiction and the nature of the proceedings, stipulations may either be written or oral.

Meaning of Stipulation

In plain or simple terms, Stipulation means: An agreement by attorneys on opposite sides of a case as to any matter pertaining to the trial.

Stipulation: Open and Free Legal Research of US Law

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State regulations are rules and procedures promulgated by state agencies (which may apply to Stipulation and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Stipulation. Finding these decisions can be challenging. In many cases, researchers about Stipulation should check state agency web sites for their regulations, decisions, forms, and other information of interest.

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