Trial Advocacy

Stipulation

Stipulations are to make things admissible at trial without having to call witnesses to testify, which would take a long time.

You can stipulate as to facts and admissibility.

Stipulations can be traded with the opposing side (even for the final trial). Just reduce it to writing so that you can have proof if opposing counsel tries to bring in evidence proving it, and you have to provide it to the judge. (For the pre-made ones here, just have a copy ready to give to Rost.)

The pre-made stipulations in the pack are because each party only has two witnesses.

Stipulations can be introduced at any time in one's case-in-chief (not on cross during the other side's). You just have to find the best place for the fact to be told to the jury.

• The sole exception is that if a witness contradicts a stipulation on cross, you can impeach him with the stipulation.

You can only read part of a stipulation, but the opposing counsel can invoke the Rule of Completeness and have the rest of the stipulation read.

Sometimes the pre-made stipulations may not be desired to be read, but some are always necessary to prove the case.

Either the attorney or the judge can read a stipulation. Judges reading play better with the jury, but some may not want to. Also, reading it yourself lets you choose how it is emphasized.