SPARC Forums

Hi Soc,

Hope all is well with you.  A few questions:

1. When does a stipulated agreement between parties override a court order?

2. Any suggestions on how to intelligently draw up and enforce a stipulated agreement?

3. When does a court recognize or honor a stipulated agreement?  Is there a specific process that parties must follow?

Thanks for your help!

>Hi Soc,
>
>Hope all is well with you.  A few questions:
>
>1. When does a stipulated agreement between parties override a
>court order?

When the court orders it.

>
>2. Any suggestions on how to intelligently draw up and enforce
>a stipulated agreement?

Question is far too broad. A stip is a contract between parties that the court agrees to order in advance, so that the power of contempt may be used to enforce the stipulations. Best to try to find someone else's boilerplate to start with, and preferably something drafted by the court that complies with what the court generally likes to see in a stip.

Then you modify it as necessary. The only rule is that if you agree to something that's unlawful, then the court can refuse to enforce it later, even if it signs the order now saying that it will enforce it. Court can't violate public policy -- it can only declare a law invalid, inapplicable or unconstitutional.

>3. When does a court recognize or honor a stipulated
>agreement?  Is there a specific process that parties must
>follow?

When the court signs it and the clerk files it (the "entry" date in to the court records).