Stipulation

Stipulation is an agreement between parties that a fact is true or that a condition exists, often to streamline proceedings or to define terms in a contract. The term is used across law and contract; it originates from Latin stipulatio, meaning a formal promise or undertaking.

In civil procedure, a stipulation of facts is a binding agreement by the parties that certain facts are true for the purposes of the case, eliminating the need to prove them at trial. Such stipulations may concern evidentiary issues, such as the authenticity of documents, or particulars of damages. A stipulation is typically entered in writing and may be acknowledged by the court. Courts generally enforce stipulations so long as they are grounded in fact and law and not obtained by duress or fraud.

In contract law, stipulations are provisions or conditions that the parties expressly agree to include in a contract. They bind the parties and are interpreted like other contract terms. Sometimes the term is used to describe terms set by negotiation and included in the final agreement, such as payment terms, delivery timelines, or quality standards.

In arbitration or administrative proceedings, stipulations help expedite resolution by narrowing disputed issues. While stipulations can cover facts, they cannot generally undermine required elements of a legal standard or statute; untrue or misleading stipulations may be void.