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Non Stipulation Law & Legal Definition

A stipulation is an agreement or concession, usually on a procedural matter such as extending the time for a filing, between opposing parties or their attorneys in a legal action. A non-stipulation is a formal lack of agreement by a party. Stipulations are sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court. Some stipulations are oral, but the stipulations are often required to be put in writing, signed and filed with the court.

The following is an example of a court rule dealing with non-stipulation:

"In cases assigned to a court commissioner appointed in accordance with Article VI, Section 22 of the California Constitution, and who have been appointed a temporary judge pursuant to an order of the Presiding Judge of this court under the aforesaid Article VI, Section 22 and CCP Section 259, the parties must file a notice of non-stipulation if they do not stipulate to the assignment of the cases, including trial, before the commissioner. The notice of non-stipulation by a plaintiff must be filed with the Clerk of the Court within ten 10) days after the filing of the cases and assignment to a magistrate for all purposes, or if by a defendant, within ten (10) days after filing the first pleading. Failure to file such notice of non-stipulation in a timely fashion shall be deemed a waiver of the parties' right to object to such assignment of the case to a commissioner."





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