Joint Stipulations

The purpose of stipulations is to familiarize the court with facts relevant to the case which are not disputed in order that the judge may begin the trial, already familiar with the undisputed facts, at the point where the disputed evidence begins. 

Counsel for the plaintiff/movant is responsible for beginning the stipulations process by preparing proposed stipulations and serving them on counsel for the defendant(s)/respondent(s).  The proposed stipulations should be all of the facts plaintiff intends to prove to prevail in the case.  They should be prepared by putting down in narrative form the answers counsel expects from witnesses in the case.  This includes even those facts which establish culpability on the part of other parties in the case.  Relevant documents may be attached to the stipulations and referred to in the stipulations. The defendant/respondent then has the opportunity to strike any of the plaintiff's proposed stipulations which can be controverted through evidence defense counsel intends to offer, to add defendant's proposed stipulations containing all relevant facts which defense counsel intends to prove to prevail, and to serve them upon plaintiff's counsel.

The defendant's stipulations are then to be reviewed by plaintiff's counsel who has the same opportunity to strike any of the defendant's proposed stipulations which plaintiff can controvert, and serve his/her response on the defendant. (In the case of multiple defendants represented by separate counsel, the cumulative proposed stipulations should be sent by counsel for the first defendant to counsel for the next defendant named in the style of the case and so on until all counsel have both proposed their stipulations and had an opportunity to strike any proposed stipulations which they will controvert through evidence.)

Once this process is complete, all proposed stipulations not stricken by any party are to be condensed into a separate document - the Joint Stipulations.  This document must be signed by all counsel and timely filed with the Court.  Responsibility for preparation of the final document is on plaintiff's counsel.

Facts such as address, age, marital status, education, work experience, position in an organization, dates of significant events, or account numbers, if relevant evidence in the proceeding, should be included in the stipulations.  Every relevant fact that is not controverted is to be included.  It should be noted that, consistent with the preceding instructions, the court expects the stipulations to cover most of the facts relevant to any proceeding with testimony and other evidence at trial to relate only to issues that are truly controverted.

In the event a party does not cooperate in this process, counsel for the complying party shall file evidence of his/her compliance in the record; e.g., if plaintiff’s counsel fails to propose stipulations, defendant shall file its “Defendant’s Proposed Stipulations”.

Questions regarding stipulations can be directed to the Judge’s law clerk.