What is the difference between a stipulation and an agreement?
A stipulation is a statement or agreement that two or more parties make in order to move a legal proceeding to a resolution or settlement. It is a formal way for parties to agree on certain points in order to avoid litigating them in court. Stipulations are usually made in writing between attorneys representing the parties involved. In the context of civil procedure in Arizona, stipulations can be used to resolve a dispute before a trial, shorten the length of a trial, or specify what evidence may be presented at trial. An agreement, on the other hand, is a binding contract between two or more parties. In civil procedure in Arizona, agreements can be made between the plaintiff and defendant or multiple defendants and can include any type of agreement, such as a settlement or a contract. Unlike stipulations, agreements are enforceable by law and involve a breach of contract if one party does not act in accordance with the agreement. If the agreement is not honored, the other party can sue to enforce it. Additionally, agreements include more complex terms than stipulations and are often more detailed.
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