§ 45.07 Key Points

• Jurisdiction: United States

§ 45.07 Key Points

A stipulation is a voluntary agreement between the opposing parties concerning the disposition of some matter before the court. Stipulations range from informal, impromptu oral concessions made during trial to complicated written agreements developed in the pretrial process.

There are three types of stipulations: (1) stipulations of fact, (2) stipulations of expected testimony, and (3) stipulations concerning procedural and evidentiary rules.

Generally, an offer to stipulate is just that—an offer. The other side does not have to accept the offer. However, as discussed in chapter 9, a prosecutor's failure to accept a stipulation may in some cases result in the exclusion of the evidence under Rule 403.

Most courts hold that defense counsel in a criminal case may stipulate to the admission of evidence as long as the defendant does not object and the attorney's decision...