Stipulation
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
1.
An instrument of much importance in the practice of admiralty courts, being an engagement in the nature of bail, or of a recognizance or undertaking given to procure discharge, for the time being, of the res when it has been seized, or of the defendant when he has been arrested.
2.
The term is also frequently used in reference to proceedings in common-law and equity coui-ts, but the stipulations here given are of less definite charact«r and importance. Rules of modern courts very generally provide that agreements between attorneys or counsel will not be enforced unless in writing. The memorandum made between the lawyers on opposite sides, exhibiting any agi'eement they may have made ailecting the proceedings, such as a promise to admit certain facts or waive certain objections, a consent to refer or postpone a cause, or the like, is called, in the parlance of the court-room, a stipulation.