Stipulated Exhibit
An exhibit covered by the parties’ agreement about a specified issue, such as authenticity or admission.
What You Need to Know
Read the exact agreement before treating an exhibit as admitted. Agreement that a document is authentic can leave other objections unresolved; an agreement to admission can have a broader effect. Identify the documents precisely and record the agreed scope and any court order.
Put this into practice
Use the step-by-step help to prepare and check your files. Definitions explain the terms; the rules and orders for your matter determine what is required.
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Frequently Asked Questions
How do I stipulate to exhibit admission with opposing counsel?
The process typically involves: (1) exchange exhibit lists during pretrial disclosures per Federal Rules of Civil Procedure 26(a)(3), (2) meet and confer to identify exhibits both parties agree are authentic, (3) draft a written stipulation stating "The parties stipulate to the admission of the following exhibits without further foundation: [list exhibits]," (4) both attorneys sign the stipulation, (5) file the stipulation with the court before trial. The stipulation should specify exhibit numbers, brief descriptions, and confirm the documents are admissible. A judge's pretrial order may call for a joint exhibit list showing which exhibits are stipulated and which are contested — check the order.
Can I withdraw a stipulation to an exhibit after it's filed?
Do not assume you can withdraw it unilaterally. Review the agreement, any court order, and the procedure that applies in your court. Seek a ruling or an agreed correction before relying on a different understanding.
Can I still object to a stipulated exhibit at trial?
It depends on what the stipulation actually covers. A stipulation to authenticity can reserve other objections, while a stipulation to admission may resolve more issues. Read its language and the court’s order before asserting or abandoning an objection.
When It's Used
Saves trial time by eliminating the need to lay foundation for agreed-upon documents
Example
"Both sides stipulating to the admission of the employment contract without calling a witness to authenticate it."
References to check
- The stipulation and applicable case order - scope of the agreement
Related Terms
Trial Exhibit
Evidence formally marked and offered during trial proceedings. Must be authenticated and admitted before the jury can consider it.
Authentication
The process of proving that evidence is what it purports to be before it can be admitted at trial.
Admissibility
Whether evidence meets legal requirements to be presented to the judge or jury.
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