Proposed Stipulations

Years ago, famed Texas trial lawyer Steve Susman created trialbyagreement.com, where he shared ideas and forms for improving the litigation and trial experience for each side. In that spirit, when possible, we propose the entry of stipulations, including:

1. Counsel will communicate electronically and accept service of motions and discovery by email.

2. Counsel will communicate with one another to coordinate scheduling hearing dates.

3. Each party will disclose all sources of income and produce updates on changes of employment and income within 10 days of any change and 10 days prior to trial.

4. Prior to mediation, each side will make a written private settlement offer which may be shared with the mediator if the case is not settled.

5. At the appropriate time, mediation will be scheduled with one of the following mediators:

6. Discovery disputes will be resolved with a phone call between lead counsel.

7. Counsel will coordinate and schedule the date, time and location of any deposition by agreement. Objections to the court reporter and transcription of the deposition are waived.

8. Either side may video any deposition, and each video will be produced on a USB flash drive to the other side within 10 days of the deposition.

9. At deposition, all objections other than privilege are reserved. Breaks will be scheduled on at least an hourly basis, and any pending question will be answered before a break.

10. The anticipated presence of any non-party, non-deponent will be disclosed to the other side prior to the deposition.

11. Prior to the final pretrial conference, counsel shall meet and confer in person concerning stipulations to the admissibility of evidence and to the length of time for each side to present its case.

12. All un-objected-to trial exhibits listed on the exhibit lists at the time trial begins are deemed admitted when mentioned by any party during trial.

The intent of these proposed stipulations is to streamline progress in the case. They are designed to be even-handed and not to advantage or disadvantage either side. If you have ideas for additional stipulations, please let us know.