Rule 7-I.Stipulations
Group III: Pleadings and Motions · Last amended 2017 · Last verified July 14, 2026
Full Text of Rule 7-I
Comments
Stylistic changes were made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure.
Rule 7-I is identical to former Rule 43-II. The location of the Rule was changed in order to avoid the impression that stipulations are limited to evidentiary matters.
Plain-English Summary
Parties often agree to shortcut some part of a case — waiving a formal requirement, agreeing on a fact, or setting a schedule — and call that agreement a stipulation. Rule 7-I makes sure those agreements are provable rather than a matter of dispute later, by limiting what counts as a recognized stipulation to three forms.
A stipulation is honored if it is in a writing signed by the parties or their attorneys, if it is made on the record before the court or a master, or if it is made during a deposition and recorded by, or at the direction of, the officer taking the deposition. An informal, unrecorded understanding between counsel does not bind the court or a master under this rule — if it is not in one of these three forms, neither will consider it.
Frequently Asked Questions
What are the only forms a stipulation can take under Rule 7-I?
A writing signed by the parties or their attorneys, a statement made on the record before the court or a master, or an agreement made during a deposition and recorded by or at the direction of the officer taking the deposition.
If opposing counsel and I verbally agree to something over the phone, will the court honor it as a stipulation?
Not unless it fits one of the three forms Rule 7-I recognizes. An unrecorded verbal agreement between attorneys, without more, does not qualify.
Does a stipulation reached during a deposition need to be in writing afterward?
No. Rule 7-I(3) recognizes a stipulation made in the taking of a deposition as valid so long as it is recorded by or at the direction of the officer before whom the deposition is being taken.
Can I make a binding stipulation in open court without putting it in writing first?
Yes. Rule 7-I(2) recognizes a stipulation made on the record before the court or a master, which does not require a separate signed writing.
Does Rule 7-I apply to stipulations about anything, or just evidence?
It applies broadly to stipulations generally, not just to agreements about evidentiary matters.