Chapter 2 - § 2.5 • STIPULATIONS

• Jurisdiction: Colorado

§ 2.5 • STIPULATIONS

§ 2.5.1—Introduction

A stipulation is an agreement between the parties or their attorneys to a proceeding concerning certain facts or evidence. Stipulations may be reached both before and during trial and may be utilized in civil and criminal cases. Out-of-court stipulations must usually be in writing. See generally C.R.C.P. 16; Crim. P. 11.

A stipulation to certain facts obviates the need for proof of those facts and establishes them as uncontroverted. There may also be a stipulation as to the existence of certain evidence that eliminates the need for further evidence at trial, either real or testimonial, but leaves it to the trier of fact to make the necessary factual findings based on the stipulated evidence. Thus, for example, the parties may stipulate to what the testimony of a witness would be without live testimony. However, such testimony is not conclusive; the factfinder is free to evaluate the credibility of the testimony and determine its probative value. Stipulations that intrude on the court's function — for example, on a question of law — will not be given effect. Once there has been an agreed-upon stipulation, a party may not readily withdraw from it, and judicial action may be required to vacate or alter it. See generally Davoll v. Webb, 194 F.3d 1116 (10th Cir. 1999).

§ 2.5.2—Foundation Requirements

Where a stipulation is to be introduced at trial, the following should be shown:

• There is agreement by the parties or their counsel to the matter in question;
• The matter stipulated to is an appropriate subject of a stipulation; and
• The stipulation is in writing, where required.

§ 2.5.3—Sample Examination

Assume that the parties have entered into a written stipulation as follows and that it has been brought to the court's attention, outside the jury's presence, has been agreed upon, and will be introduced at trial.

Text of stipulation:

The parties in the above-captioned case hereby stipulate and agree to the

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