Duhaime's Law Dictionary


Stipulation Definition:

(USA law) An agreement between the parties with respect to an issue before the court.

"A stipulation ... is an express waiver by a party or the party's attorney conceding the truth of some alleged fact for the purposes of trial. Thus, a stipulation may not be implied by a party's failure to respond to refute allegations...."

Thus wrote, in words one could not quarrel with, Justice William Quarles of the United States District Court (Maryland) in Bell v United States.

Justice Perluss of the California Court of Appeal, in Re Marriage of Jackson, adopted these words:

"A stipulation is an agreement between opposing counsel ordinarily entered into for the purpose of avoiding delay, trouble, or expense in the conduct of the action, and serves to obviate need for proof or to narrow the range of litigable issues. A stipulation in proper form is binding upon the parties if it is within the authority of the attorneys."

Perhaps simplest of all is this explanation by Justice Victor Howard of the Missouri Court of Appeals in Randolph v Missouri at footnote #8

"A stipulation is an agreement between counsel with respect to business before the court. Just because an oral agreement is not formally called a stipulation, does not mean that it will not be treated as such.... (An) oral agreement or stipulation has the same binding force and effect as a written one."

REFERENCES:

Categories & Topics:


Always looking up definitions? Save time with our search provider (modern browsers only)

If you find an error or omission in Duhaime's Law Dictionary, or if you have suggestion for a legal term, we'd love to hear from you!