Legal Definitions - stipulation

A stipulation is a formal agreement or condition that is binding on the parties involved. It can refer to a specific term or requirement within a contract, or an agreement made between opposing parties in a legal proceeding regarding a particular fact or procedural matter. Once agreed upon, stipulations are typically enforceable and help to clarify obligations or streamline legal processes.

• Contractual Stipulation (Condition in an Agreement)

  Imagine a homeowner hiring a contractor to renovate their kitchen. The contract includes a stipulation that all work must be completed by a specific date, and that only materials approved by the homeowner can be used. These are specific conditions that both parties have formally agreed to.

  This illustrates the term because these are clear, agreed-upon requirements within the contract. If the contractor fails to meet the deadline or uses unapproved materials, they have violated a stipulation of the agreement.

• Litigation Stipulation (Agreement on Facts)

  In a lawsuit concerning a car accident, the attorneys for both the plaintiff (the injured party) and the defendant (the driver accused of fault) might agree that the accident occurred at a specific intersection on a particular date and time. They formally present this agreement to the court.

  This illustrates the term because this is a formal agreement between opposing parties in a legal dispute about a relevant fact. By stipulating to these details, they avoid the need to present evidence and argue about them during trial, saving time and resources.

• Litigation Stipulation (Procedural Agreement)

  During a civil lawsuit, the court sets various deadlines for submitting documents, such as discovery requests or motions. If one party needs more time, their attorney might contact the opposing counsel and agree to extend a specific deadline by two weeks. They then file a written agreement with the court for approval.

  This illustrates the term because this is a formal agreement between the parties concerning a procedural matter in the lawsuit. This stipulation, once approved by the court, legally modifies the original deadline and becomes binding on both parties.