Stipulated Exhibit
Evidence that both parties agree to admit without authentication or foundation, typically through a pretrial stipulation.
What You Need to Know
Stipulated exhibits streamline trials by allowing parties to agree on the admission of documents without calling authenticating witnesses or establishing foundation. Stipulations are typically negotiated during pretrial conferences and documented in a stipulation order filed with the court. Federal Rules of Civil Procedure 29 authorizes parties to stipulate to most procedural matters unless the stipulation interferes with court scheduling. Common stipulated exhibits include corporate records, medical bills, photographs of property, and correspondence where authenticity is not disputed. Parties retain the right to challenge the weight or interpretation of stipulated exhibits through cross-examination or argument.
Legal References
- Federal Rules of Civil Procedure 29 - Stipulations about discovery procedure
- Federal Rules of Evidence 901 - Authenticating or identifying evidence
Relevant Practice Areas
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. Some courts require joint exhibit lists showing which exhibits are stipulated versus contested.
Can I withdraw a stipulation to an exhibit after it's filed?
Generally no, stipulations are binding agreements that courts enforce unless there is good cause for withdrawal. Courts disfavor allowing parties to revoke stipulations because it undermines judicial efficiency and may prejudice the opposing party who relied on the agreement. To withdraw a stipulation, you must: (1) file a motion to withdraw before trial, (2) demonstrate good cause such as newly discovered evidence, fraud, or mutual mistake, and (3) show the withdrawal will not unduly prejudice the other party. Simply changing litigation strategy or realizing a stipulation was tactically disadvantageous is not good cause.
Can I still object to a stipulated exhibit at trial?
Once you stipulate to an exhibit's admission, you waive objections to authenticity and foundation under Federal Rules of Evidence 901. However, you may still object to: (1) relevance under FRE 401, (2) unfair prejudice under FRE 403, (3) improper use of the exhibit (e.g., using it for a purpose not covered by the stipulation), or (4) hearsay issues if the stipulation only covered authentication. The stipulation should clearly define its scope—some stipulations only address authenticity while reserving all other objections. Review stipulation language carefully before signing.
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."
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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