We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
What is a Stipulation? A Comprehensive Guide to Its Legal Definition
Definition & Meaning
A stipulation is a formal agreement made by parties involved in a legal case, often facilitated by their attorneys. This agreement is typically presented to a court during judicial proceedings. Stipulations can address procedural issues or agree on facts that are not in dispute, which helps to expedite the court process. While some stipulations may be made orally, they are generally required to be documented in writing, signed, and filed with the court to ensure clarity and enforceability. The use of stipulations can enhance efficiency in legal proceedings by saving time and resources.
Table of content
Legal Use & context
Stipulations are commonly used in various areas of law, including family law, civil litigation, and criminal proceedings. They serve to clarify issues between parties, streamline court processes, and can involve agreements on matters such as evidence, timelines, or classifications of cases. Users may find it beneficial to utilize legal templates from US Legal Forms to create stipulations tailored to their specific situations, ensuring they meet legal standards and requirements.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) In a divorce case, both parties may stipulate to the division of assets without needing to present evidence in court. They agree on how to divide their property and submit this stipulation to the court for approval.
(Hypothetical example) In a child custody case, the parents might stipulate on a visitation schedule that works for both parties, which can then be formalized by the court to avoid further disputes.
State-by-state differences
State
Stipulation Requirements
California
Stipulations must be filed seven days prior to a Case Classification Conference.
New York
Stipulations can be made orally in court but must be documented for enforcement.
Texas
Written stipulations are preferred and must be signed by all parties involved.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Stipulation
A formal agreement between parties in a legal proceeding.
Focuses on procedural or factual agreements.
Settlement
An agreement reached to resolve a dispute before or during litigation.
Typically involves compensation or terms to resolve a claim.
Consent Order
A court order that reflects an agreement between parties.
Requires court approval and is enforceable as a court order.
Common misunderstandings
What to do if this term applies to you
If you find yourself needing to create a stipulation, consider the following steps:
Consult with your attorney to understand the implications of the stipulation.
Utilize US Legal Forms to access templates that can guide you in drafting your stipulation.
Ensure that all parties involved review and sign the stipulation before submitting it to the court.
If your situation is complex, seek professional legal assistance to ensure compliance with local laws.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.