Legal Memorandum: Court’s ability to reject an otherwise valid stipulation between parties

Issue: Under Illinois law, when does a court have the ability to reject an otherwise valid stipulation between parties?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Stipulation; Ability; Reject; Discretion; Clear; Abuse;
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

Illinois courts favor stipulations that are designed to simplify, shorten, or settle litigation and save costs for the parties. In re Marriage of Ealy, 269 Ill. App. 3d 971, 974-75 (1995). A court may reject an otherwise valid stipulation only if it is fraudulent, unreasonable, or in violation of public policy. Opper v. Brotz, 277 Ill. App. 3d 1024, 1028 (1996). A court will not relieve parties from a stipulation in the absence of a clear showing that the matter stipulated to is untrue, and then only when an objection is seasonably made. In re Marriage of Troske, 2015 IL App. (5th) 120448,            A trial court’s decision to accept a stipulation will not be disturbed absent a manifest abuse of discretion. In re Marriage of Tantiwongse, 371 Ill. App. 3d 1161, 1163 (2007).

Doggett v. Doggett, 2016.IL.133789-U (Ill. App. Dist. 1. Jan, 27 2016).

Date: March 1, 2016

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