I'm doing a paper for school and need some info please. In regards to a non-payment/succession rights case, what is a stipulation? Furthermore, why does an adjournement upon written stipulation occur? If a large amount of payment is owed, can a judge offer a payment plan? Thanks very much!!
2006-08-10 08:25:23 · 4 answers · asked by justellemJimsaidhello 1 in Politics & Government ➔ Law & Ethics
A stipulation is an agreement between the parties to a lawsuit. It's written and filed in court record. The agreement can be about any fact that is relevant to the issues in the case. It could be an agreement that party Y now has the rights of X. The parties agree that they will not dispute this.
An adjournment by stipulation just means that the parties agree to later court date. The parties could agree to a payment plan. The judge could set one, but check the applicable statute.
This is not the best place for legal advice you know and you should not take this comment as such!
2006-08-10 08:29:04 · answer #1 · answered by TxSup 5 · 0⤊ 0⤋
A stipulation is an agreement by both parties that certain facts are true.
This could include the amount owed in a dispute, or that anything was owed at all.
Once all factual aspects of the case are resolved, the remaining dispute may deal only with legal issues. And those often need to be researched and presented to the judge (as a memorandum of law) before the judge can rule on the legal issues.
A judge cannot offer a payment plan, because the judge cannot get involved in such negotiations. The judge can only grant or deny the relief that the parties have asked for.
However, the parties can agree (stipulate) to some payment plan, and the judge can put that into the court order as part of the judgment.
2006-08-10 08:31:02 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
A Stipulation is an agreement, usually on a procedural matter, between the attorneys (or parties) for the two sides in a legal action. Some stipulations are oral, but the courts often require that the stipulation be put in writing, signed and filed with the court.
I am not sure how the courts in your area refer to an adjournement, but from the context of your question, I would guess that you could stipulate that you owe the money, that way you don't have to go to court. Be sure to confirm this with a lawyer/barrister in your area before you rely on this response.
As far as what the judge can offer, you will have to ask him/her.
Good luck!
2006-08-10 08:51:36 · answer #3 · answered by www.lvtrafficticketguy.com 5 · 0⤊ 0⤋
A stipulation is a CONDITION to an agreement.
2006-08-10 08:32:20 · answer #4 · answered by Anonymous · 0⤊ 2⤋