Rule 2A.Stipulations
Group 1: Introductory · Last amended September 1, 1989 · Last verified July 13, 2026
Full Text of Rule 2A
Amendment History
Adopted May 5, 1967, amended June 28, 1967, effective July 1, 1967; amended, adopted June 12, 1989, effective Sept. 1, 1989.
Plain-English Summary
Litigation runs on agreements — about deadlines, about what a witness will say, about narrowing an issue so the case can move forward. Rule 2A addresses what happens when the parties later disagree about whether such an agreement was ever made, or what it said. Its answer: the court will not take a side in that dispute unless the agreement was captured in one of three specific ways.
A stipulation counts if it was made and assented to on the record in open court, if it was entered in the court’s minutes, or if it exists in writing and is signed by the attorney who is now denying it. That last option is the practical route for agreements reached outside the courtroom — a letter or a signed stipulation filed with the court will do, so long as the lawyer resisting enforcement is the one whose signature is on it.
The rule keeps disputes about informal deals out of the courtroom by refusing to referee them unless there is a reliable record. If an agreement between counsel matters enough to affect how a case proceeds, Rule 2A gives lawyers a plain way to make it enforceable: put it on the record, in the minutes, or in a signed writing.
Frequently Asked Questions
Does a verbal agreement between attorneys count as a stipulation the court will enforce?
Only if it is not disputed, or if it was made on the record in open court or entered in the court’s minutes. An oral agreement made off the record, if later denied, will not be regarded by the court unless it also exists in a signed writing.
What if opposing counsel denies we ever agreed to something?
Once the purport of an agreement is disputed, Rule 2A requires one of three forms of proof before the court will regard it: an on-the-record statement in open court, an entry in the minutes, or a writing signed by the attorney denying it.
Whose signature has to be on a written stipulation?
The signature of the attorney who is denying that the agreement exists. That is the person Rule 2A requires to be bound by their own signed writing.
Does Rule 2A apply to settlement agreements?
Rule 2A applies broadly to agreements between parties or attorneys regarding the proceedings in a case. Any agreement affecting how a case will proceed is safest when placed on the record, entered in the minutes, or reduced to a signed writing.
Can a stipulation be made by letter or other written correspondence?
Yes. Rule 2A does not require a particular document format, only that the evidence of the agreement be in writing and signed by the attorney denying it.