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;|
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