OT Legal Eze

55 50 Ron · Jan 19, 2015

I'm aware of a dispute that is using "Stipulate the facts" and "Proceeding with Discovery" as legal terms.

Any one care to explain these in common sense writing?

David G · Jan 19, 2015

Turn on the bat light for John T, he will come to the rescue.

Mike (WA) · Jan 20, 2015

"Stipulate the facts" means both sides agree as to what the facts of the case are- so you won't be needing a trial. Instead, the case can be decided by a "summary judgment" proceeding- both sides plead their versions of the applicable law to the judge, and he decides the case.

"Proceeding with discovery" means going ahead with the "discovery" phase of the case. Discovery is where both sides are asking questions of each other, either through interrogatories (written questions) or depositions (a meeting with both attorneys and a court reporter, where the attorneys ask questions of the witness or opposing party, under oath).

The two terms are usually mutually exclusive- if you stipulate to the facts, you wouldn't be needing discovery, and vice versa.

John T · Jan 20, 2015

Co Counsel Mike gave you a good explanation, I'm bad about being more long winded lol

Stipulate, set forth and agree to the facts so there's no fact question for a judge (bench trial) or jury to have to mess with and decide.

Proceed, move forward with the process of Discovery whereby each side gets to ask questions from each other. Some things are discoverable, some are not (please don't ask which lol)

John T

David G · Jan 20, 2015

Sorry Mike, I forgot we have another lawyer among us.

OT Legal Eze

55 50 Ron

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David G

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Mike (WA)

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John T

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David G

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