Legal Definitions - Stipulate

Stipulate

To "stipulate" means that opposing parties in a legal case agree on a particular fact or legal issue. This mutual agreement means the point is no longer contested or in dispute, and neither side needs to present evidence or arguments to prove it in court. Stipulations help streamline the legal process by narrowing down the issues that actually need to be decided by a judge or jury, saving time and resources.

• Example 1: Car Accident Lawsuit

  In a lawsuit following a minor car accident, the plaintiff (the person suing) claims the defendant was driving a red sedan. The defendant's lawyer reviews the police report and their client's statement and agrees that the defendant was indeed driving a red sedan at the time of the incident. Rather than spending time proving the color and type of car, both parties can stipulate to this fact.

  How it illustrates "stipulate": The plaintiff and defendant's legal teams voluntarily agree on a specific factual point (the type and color of the car). This agreement removes that detail from contention, meaning no evidence (like photographs of the car or witness testimony about its color) needs to be presented to establish it in court.

• Example 2: Contract Dispute

  Two businesses are in a legal dispute over a service contract. One business claims the contract was signed on January 15th, and the other business, after checking its records, confirms this date. They also both agree on the exact wording of a specific clause within that contract.

  How it illustrates "stipulate": The parties can stipulate to the contract's signing date and the precise language of the clause. By doing so, they avoid the need to introduce the physical contract into evidence solely to prove its signing date or specific text, allowing them to focus their arguments on whether the contract was breached, rather than its basic terms.

• Example 3: Divorce Proceedings

  During a divorce case, a couple needs to divide their assets. They recently had their shared family home professionally appraised, and both agree that the appraisal accurately reflects the home's current market value.

  How it illustrates "stipulate": The divorcing couple can stipulate to the appraised value of the marital home. This agreement means neither party needs to call the appraiser as a witness or present the appraisal report as evidence to establish the home's value, allowing them to proceed directly to discussions about how to divide that asset.