A stipulation, sometimes called a judicial admission, is an agreement or concession made in a judicial proceeding by the parties or their attorneys regarding some matter incident to the proceeding, for the purpose of avoiding delay, trouble, and expense. Other reasons why stipulations are desirable are (1) simplifying the issues; (2) avoiding unnecessary proof, (3) the limiting the number of expert witnesses. Before trial, particularly in the plea-bargaining stage, stipulations may be useful. For example, in a homicide case the prosecutor agreed to recommend dismissal of the charge if the defendant passed a polygraph test, which the defendant did. The court held the stipulation enforceable. See People v Prado, 365 NYS2d 943 (Sup Ct 1975).
An admission is any statement made by a party to a lawsuit (either before a court action or during it) which tends to support the position of the other side or diminish his own position. For example, if a husband sues his wife for divorce on the grounds of adultery, and she states out of court that she has ...
Guidelines for the courts to allow admission evidence are summarized.