stipulation

A material condition, requirement, or article in an agreement. The name given to any agreement made by the attorneys engaged on opposite sides of a cause (especially if in writing), regulating any matter incidental to the proceedings or trial, which falls within their jurisdiction. Voluntary agreement between opposing counsel concerning disposition of some relevant point so as to obviate need for proof or to narrow range of litigable issues. Arrington v. State, Fla., 233 So.2d 634, 636.

An agreement, admission or confession made in a judicial proceeding by the parties thereto or their attorneys. Bourne v. Atchison, T. & S. F. Ry. Co., 209 Kan. 511, 497 P.2d 110, 114.

Such are evidentiary devices used to simplify and expedite trials by dispensing with the need to prove formally uncontested factual issues. Paschen v. Ratliff City Trucking Co., Okl.App., 637 P.2d 591, 593.

Stipulations made during the course of trial may involve jury of less than twelve (Fed.R.Civil P. 48), master's findings (Rule 53(e)(4)), dismissal of action (Rule 41(a)), or discovery, see below. 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.

See also admission

- pre-trial conference

- proviso.

Discovery.

Unless the court orders otherwise, the parties may by written stipulation

(1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and

(2) modify the procedures provided by these rules for other methods of discovery, except that stipulations extending the time provided in Rules 33, 34, and 36 for responses to discovery may be made only with the approval of the court. Fed.R.Civil P. 29