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In a tight spot! Signed Stipulation Question

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calidad

Junior Member
What is the name of your state (only U.S. law)? CA



I signed a stipulation with my ex that brought us to a full agreement on issues that were headed to trail. that was about a month ago.

Heres my problem....

counsel mailed me the stipulation. I signed and mailed it back. My Ex said she signed it also.(counsel's receptionist said she has the signed copy on her desk) Counsel has yet to file the stip and my pertrial statement (PTS) is due this friday.

What do I do?

continue and prepare for trial?

Is this a tactic that counsels use in hopes to trick a "pro per" party?

I now think it was a mstake to sign and send back because now im in the air as to what is going on.

If I serve and file my PTS does that void the signed Stipulation?

If the stip is filed after my PTS is served does that void the PTS and trial all together?

Is there something that can be done to viod the signed stip that counsel has prior to filing my PTS? Just in case they try and file after they are served my PTS.


PLEASE HELP!!!
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA



I signed a stipulation with my ex that brought us to a full agreement on issues that were headed to trail. that was about a month ago.

Heres my problem....

counsel mailed me the stipulation. I signed and mailed it back. My Ex said she signed it also.(counsel's receptionist said she has the signed copy on her desk) Counsel has yet to file the stip and my pertrial statement (PTS) is due this friday.

What do I do?

continue and prepare for trial?

Is this a tactic that counsels use in hopes to trick a "pro per" party?

I now think it was a mstake to sign and send back because now im in the air as to what is going on.

If I serve and file my PTS does that void the signed Stipulation?

If the stip is filed after my PTS is served does that void the PTS and trial all together?

Is there something that can be done to viod the signed stip that counsel has prior to filing my PTS? Just in case they try and file after they are served my PTS.


PLEASE HELP!!!

Your PTS could be that a stipulation was signed by the parties agreeing to X, Y and Z...which would cause the judge to ask where the stipulation was if its not submitted to the court.
 

calidad

Junior Member
THANK YOU!!!!!

hearing that took a ton of wieght of my shoulders! I was hoping to get that answer, the last thing I really want is a trial!

I also have emails back and forth with ex and her cousel workin up to the stipulation just to be safe.

Once again thank you!
 

calidad

Junior Member
a couple more questions....


Am i able to attach the email correspondence between ex's cousel and I (including a Stipulation Agreement drafted by ex's counsel) and reference it in my pre trial statement?

If not am I able to bring these emails and present them to the judge during the pre trial conference?

thanks for your time
 

LdiJ

Senior Member
a couple more questions....


Am i able to attach the email correspondence between ex's cousel and I (including a Stipulation Agreement drafted by ex's counsel) and reference it in my pre trial statement?

If not am I able to bring these emails and present them to the judge during the pre trial conference?

thanks for your time

You should do both.
 

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