Also known as: astipulations · stipulation
Written by attorneys · grounded in primary & secondary sources — see below
An agreement or formal assent between parties.
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Adam Anderson faced a felon-in-possession charge. He offered to stipulate that he had a qualifying prior conviction. The prosecutor declined and sought to introduce the full judgment record. The court excluded the details under Rule 403 because the astipulation eliminated any need for the prejudicial evidence.
Atlas Ventures booked a cruise for Andrew Avery. The ticket contained a forum selection clause requiring suit in Florida. Avery sued in Washington state court. The parties later executed an astipulation confirming the clause's validity and transferred the case.
Aurora Biotech owned an apartment building. The city installed cable equipment on the roof without permission. Aurora and the city entered an astipulation acknowledging the permanent physical occupation and setting compensation.
Aether Technologies sued Alexandra Armstrong in federal court. The case was dismissed with prejudice. In a later state action Armstrong raised res judicata. The parties filed an astipulation confirming that the federal dismissal operated as an adjudication on the merits.
Adrian Aguilar purchased a car from Argonaut Shipping. The sales contract contained an arbitration clause later held unconscionable. The parties executed an astipulation striking the clause and proceeding to a jury trial on the remaining claims.
Amelia Amari sued Piper Aircraft in Pennsylvania after a plane crash in Scotland. The defendant moved to dismiss for forum non conveniens. The parties reached an astipulation that Scotland was an adequate alternative forum and that the case would proceed there.
An astipulation allows parties to agree in writing, with court approval, to proceed with fewer than twelve jurors. This agreement satisfies the requirements of Rule 23 and permits a valid verdict by the reduced panel.
Supporting sources
An astipulation reducing jury size before deliberations must be written and approved by the court. An oral agreement on the record alone does not satisfy the rule.
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Yes. Once the defendant offers the astipulation, the government's refusal to accept it and introduction of the full record risks unfair prejudice that substantially outweighs probative value under Rule 403.
Supporting sources
…is not an employer and does not furnish employment within the meaning of the statute. The motion was heard on evidence and a stipulation of facts by the appeal tribunal which denied the motion and ruled that appellee Commissioner was entitled to recover the unpaid contributions. That action was affirmed by the Commissioner;…