Stipulations may address facts, admissibility, authentication, or procedure. A stipulated fact is established for trial and requires no evidence, and the stipulation binds the parties.
Courts are not required to accept stipulations that exclude probative evidence.
Alternative Names:
Evidentiary Stipulation|Agreed Fact
Why it Matters?
Offering to stipulate to a fact can reduce the probative value of graphic evidence and support a Rule 403 objection, though Old Chief holds that a party is generally entitled to prove its case with evidence of its choosing. The exception applies where the evidence's only purpose is establishing a fact the stipulation covers. Stipulating to authentication and foundation is routine and saves substantial trial time without strategic cost.
Frequently Confused with
Related terms
Frequently asked questions
Does offering a stipulation exclude the evidence?
Which stipulations are cost-free?
