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The Defendant's attorney should be responsible for filing the Stipulation discontinuing an action. The Defendant is the party who wants to be sure the Stipulation is filed. This is worth being responsible for the filing fee.

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Q: Who files a stipulation of discontinuance?
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What happens if you sign a stipulation for child support?

You agree to the stipulation and it becomes a court order.You agree to the stipulation and it becomes a court order.You agree to the stipulation and it becomes a court order.You agree to the stipulation and it becomes a court order.


Can a legal brief be filed before a stipulation?

Well now this is a good question. A legal brief can be filed before a stipulation. A stipulation is a an agreement before court. So you can file a legal brief before a stipulation.


How can I cancel a divorce in New York?

In order to cancel a divorce that has already been filed in the matrimonial part of the Supreme Court of the State of New York, both the Plaintiff and the Defendant must sign a document known as a "Stipulation of Discontinuance." This document must be notarized by a notary public and filed with the Court. By doing this, one can effectively "cancel" their filed divorce as long as the Judge or Special Referee has not already "granted" the divorce. In other words, if both parties to a filed matrimonial matter agree to "cancel" their case, they should do so as soon as possible after the filing has taken place. Typically, the "average" time for a Judge or Special Referee to "grant" a divorce in the State of New York is between four and six weeks. Therefore, the Stipulation of Discontinuance should be filed prior to this time frame.


Does a restraining order imbedded in a visitation order supersede a court stipulation?

If the court stipulation was issued BEFORE the order was issued then the order prevails. If it wasn't, then the pre-order stipulation dies. The stipulation would have had to have been included in the subsequent order to remain effective.If the court stipulation was issued AFTER the issuance of the order then it DOES take precedence - BUT only over the specific area of the order to which it refers.Any such stipulation MUST be issued in writing or it is unenforceable.


Can rent increase while your in a court stipulation?

Rent should not increase while your in a court stipulation. The court stipulation will halt rent increases until all matters are resolved.


Can you undo your divorce after it has been settled?

We might have to define some terms. When you say the case has been settled, has a judgment of divorce been entered (i.e., filed in the Court)? If not, and the parties are in agreement, (at least here in New York) they can sign and file a stipulation of discontinuance. Essentially, your advising the Court that the case is withdrawn. Assuming that the divorce decree has been finalized and filed, it might be possible, assuming the parties are in agreement, to make an application to the court to vacate the judgment, and then file a stipulation of discontinuance.


What is a motion stipulation in criminal proceedings?

Stipulation Once a defendant has served an answer to the plaintiff's complaint, the plaintiff may obtain a dismissal without prejudice by entering a formal agreement, a stipulation, with the defendant. The parties agree to the terms of the dismissal, which must be filed with the court clerk and put into effect by the action of the clerk. A dismissal agreement is a court order that enforces the stipulation of the parties. A dismissal by stipulation is a dismissal without prejudice unless the parties otherwise agree and record their agreement in the text of the stipulation.


Use Stipulation in a sentence?

They agreed to the stipulation that she would not bring up his affair, and he would not bad mouth her mother.


When can I stop paying day care as part of a divorce stipulation in Utah?

You need to review the stipulation that was filed with and approved by the court at the time of the divorce.


What does a discontinued stipulation mean?

A discontinued stipulation means that a specific order has been stopped. This will eliminate any form of obligation to the parties involved.


What is a stipulation or prerequisite?

its the same thing as stripping


What is stipulation agreement in eviction case?

A stipulation in an eviction is a agreement where the landlord and tenant agree to something, such as a move-out date, payment of rent for dismissal of the eviction, etc.