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What is stipulation and order mean?

Los Angeles, CA |
Filed under: Litigation

i recieved a letter from attorney office can you please explain to me about stipulation and order.

Attorney Answers 4


Whenever you have a stipulation entered between the parties, there has to be an order for the judge to approve and sign.

Jason J.L. Yang, Esq. is admitted to practice law in California and therefore, all posts are based on California law. The posts do not constitute legal advice and does not create an attorney/client relationship.

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Typically, a stipulation and order is used in lieu of a formal motion for an order for some type of relief. For example, we often see a stipulation and order for leave to file an amended complaint, a stipulation and order to extend time to respond to a summons, and a stipulation and order to set aside a default.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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The Stipulation means that you and the opposing party reached an agreement on a specific issue without going to court and having the judge make the call. The Order -- sometimes called the Order on Stipulation -- means that the judge has reviewed and considered the agreement between you and the other party, and the judge approves of it. So, the court has now made the agreement between the parties more than a voluntary agreement: the court has converted the voluntary agreement into a mandatory command by the court. Now that the Stip has become an Order, it there is any dispute between the parties about abiding by the terms, the court can enforce the terms with its contempt and sanctions (punitive) powers. The agreement embodied in the Stipulation, since it is no longer just a voluntary agreement, cannot be modified or withdrawn or ignored by either of the parties. Any changes that are necessary will need the court's approval and a modification of the Order on Stipulation.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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A stipulation was entered with both lawyers, and the judge made an order that it is binding. What they agreed upon I have no clue, sounds like you need to talk with your lawyer a little more. Could be nothing major, very common in litigation on small issues. GOOD LUCK!!

Talk to a lawyer will the full set of facts, do not rely on this limited answer.

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