Section 4.11 Change in Issues or Pleadings

• Library: Evidence 2017

2. (§4.11) Change in Issues or Pleadings

Changes in the issues or the pleadings after a stipulation is made may affect the enforceability of the stipulation.

It has been held that a stipulation of fact made in an insurance dispute was binding on the insured only with respect to the pending declaratory judgment claim, and this did not bar a jury trial on the breach of contract claims that were added after settlement of the underlying litigation, considering that the stipulation referred to “this case,” to...