What is a stipulation in a civil action?

California, United States of America


The following excerpt is from People v. Sorenson, C072059 (Cal. App. 2014):

"A stipulation is 'An agreement between opposing counsel . . . ordinarily entered into for the purpose of avoiding delay, trouble, or expense in the conduct of the action,' [citation] and serves 'to obviate need for proof or to narrow range of litigable issues' [citation] in a legal proceeding." (County of Sacramento v. Workers' Comp. Appeals Bd. (2000) 77 Cal.App.4th 1114, 1118, italics added.) " '[W]hen a fact is undisputed, or the parties have stipulated to its existence, there is no "issue of fact" for the jury to resolve, and this aspect of the Sixth Amendment right to jury trial is not implicated. Otherwise stated, the federal Constitution gives an accused no right to have the jury decide the truth of a fact that the accused has elected not to contest.' " (People v. Moore (1997) 59 Cal.App.4th 168, 185-186, fn. 18; see id. at p. 181 ["Absent a stipulation" the trial court must submit factual questions to the jury].)

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