A stipulation is an agreement between two parties establishing that certain facts or conditions are not in dispute.
Once the parties agree on a fact or a condition, there is no need to prove it at trial.
Stipulations can simplify a trial so that the parties can focus on the issues that really matter.
Why Stipulations Matter So Much
Stipulations matter because they simplify and shorten legal proceedings.
The ancillary effect is that the effective use of stipulations can save all parties time and money. Stipulations are, therefore, popular among judges, plaintiffs, and defendants alike.
Types of Stipulations
Below are examples of four main types of stipulations that plaintiffs and defendants commonly agree to in personal injury cases.
- Stipulation of Fact: Parties agree to certain facts as true.
- Stipulation of Authenticity: Parties agree on the authenticity of certain documents.
- Stipulation of Witness Testimony: Parties agree on what a witness would have said if they had been called to testify.
- Stipulation of Issues: Parties agree on what issues will be tried.
Both parties must agree to any stipulation for it to be effective. If you find yourself in need of an Atlanta abogado de lesiones personales, you can contact us at (844) 772-7826 para su consulta gratuita.
Examples of Stipulations
Here are some common examples of stipulations that parties frequently agree to in personal injury cases:
- The defendant owed the plaintiff a duty of care.
- The two defendants were in an employer-employee relationship.
- The plaintiff was lawfully present at the scene of the accident.
- The accident occurred at 6:32 p.m. on October 8, 2023.
- The accident occurred at the intersection of Broadway and Walnut.
- It was raining heavily at the time of the accident.
- The defendant’s car broadsided the plaintiff’s car.
- The plaintiff and the defendant were the legal owners of their respective vehicles.
- The defendant was the lessee of the property where the slip and fall accident occurred.
- The plaintiff’s medical records are authentic.
The total number of possible stipulations is fact-dependent and ultimately determined by the parties.
Examples of Unwise Stipulations
If you agree to the wrong stipulations, your claim could be weakened. Below are some examples:
- Stipulating Fault or Liability: This could make it very difficult for you to win your case.
- Stipulating the Extent of your Injuries: This might reduce daños no económicos such as pain and suffering.
- Stipulating Inaccurate Facts: This could undermine your credibility.
- Stipulating the Admissibility of Evidence Against You: This could prevent you from challenging evidence that, under ordinary circumstances, would be deemed inadmissible.
- Stipulating Waiving Legal Rights or Remedies: This could limit your options in many different ways.
This is not a comprehensive list. There are many other ways that an unwise stipulation could damage your claim.
Stipulation Strategy
Here is an outline of a good strategy for stipulations if you are a plaintiff in a personal injury lawsuit:
- Identify facts that the defendant won’t bother contesting.
- Stipulate the authenticity of important documents (e.g., medical records) that you are confident about.
- Don’t stipulate any assertions that could harm your case.
- Stipulate assertions that matter to the defendant so as to demonstrate a cooperative attitude, but don’t stipulate anything you are even considering contesting.
Overall, never stipulate anything without talking to your lawyer first. The stipulation should be clear and concise and leave no room for ambiguity.
The Difference Between a Stipulation and an Admission
An admission is a party’s statement acknowledging that a certain statement or fact asserted against them is true. The key difference with admissions is that one party is trying to get the other party to admit something; whereas stipulations are voluntarily agreed to by both parties.
Both stipulations and admissions are voluntary in one sense – nobody can force either party to make one. In many cases, however, it’s a bad idea to refuse to make a stipulation or an admission.
Stipulations and admissions typically take place during pre-trial discovery.
Withdrawing a Stipulation
Stipulations are difficult to withdraw, but there are some conditions:
- To withdraw a stipulation, a party needs to file a motion with the court and provide grounds for their withdrawal.
- A stipulation may be withdrawn upon mutual consent as long as the court allows it.
- A court can order the withdrawal of a stipulation. This might happen, for example, if new evidence changes the relevance of a stipulation.
- Some stipulations are conditional right from the beginning. You might, for example, stipulate the authenticity of medical records on the condition that the doctor who prepared them is available as a witness at trial.
Never stipulate an unconditional stipulation in the hope that you can withdraw it later if it hurts your case.
Ask a Lawyer To Help You Come Up With Reasonable Stipulations
The judicious use of stipulations is an art that most personal injury victims have not mastered. If your case is complicated, it’s best to leave stipulations to your lawyer. Contact an Atlanta personal injury lawyer at 844-SPARTAN at your earliest convenience to schedule a free initial consultation.
Remember that under the contingency fee arrangement that prevails among personal injury lawyers, you only pay attorney’s fees if you win your claim, either in court or at the settlement table.
