A stipulation is simply an agreement between counsel about how a deposition will be conducted or how the resulting testimony will be handled. Stipulations save time, prevent disputes later, and keep the deposition moving without a judge present. Because nobody is in the room to rule on objections or procedural questions, the parties agree in advance on the ground rules.
If you handle depositions, you'll hear stipulations recited in the first few minutes, often before the witness is even sworn. Knowing what they mean—and what you're giving up—protects your client and your record.
What a Stipulation Actually Does
A deposition stipulation is a binding on-the-record agreement. Once stated and accepted, it controls that aspect of the proceeding. Stipulations typically address procedural mechanics rather than the substance of testimony, though parties can stipulate to almost anything they agree on.
Common subjects include:
- Waiving formal objections to the manner of giving notice
- How and when objections must be raised to be preserved
- The witness's right to read and sign the transcript
- The court reporter's authority to administer the oath and certify the transcript
- Handling of exhibits and copies
- Deadlines for errata sheets and signatures
Stipulations are entered orally and captured by the reporter, or occasionally drafted in writing and attached to the transcript.
The "Usual Stipulations"
You'll often hear an attorney say, "Can we agree to the usual stipulations?" The problem is that the "usual stipulations" mean different things in different jurisdictions—and even among firms in the same county. There is no national standard.
Because the phrase is ambiguous, many experienced litigators refuse to agree to "the usual stipulations" as a blanket and instead ask that each point be spelled out, or simply state, "We'll proceed under the rules." Agreeing to something undefined can come back to hurt you if a dispute arises about what you actually waived.
If opposing counsel proposes the usual stipulations, it's reasonable to respond: "Which stipulations did you have in mind?" Get the specifics on the record.
Reserving Objections
One of the most important stipulations concerns objections. Under the federal rules and most state analogs, objections to the form of a question (leading, compound, vague, calls for speculation) must be made at the deposition or they are waived. Objections to relevance or admissibility are generally preserved for trial without needing to be raised during the deposition.
A typical stipulation reserves "all objections except as to the form of the question" until the time of trial. This lets the deposition flow without constant interruptions while protecting each side's ability to challenge testimony later.
Watch for stipulations that go further—such as agreeing that an objection by one party is an objection by all. That can be convenient in multi-party cases but may not serve your strategy.
Read and Sign
The right of the witness to read and sign the transcript is frequently stipulated. The witness reviews the finished transcript, notes any errors on an errata sheet, and signs to confirm accuracy. Parties sometimes stipulate to waive reading and signing to speed things up.
Think carefully before waiving:
- Waiving signature is common and usually low-risk for routine fact witnesses.
- For a key witness or expert, reading and signing lets you catch transcription errors and gives the witness a chance to correct genuine mistakes (though substantive changes can be used against the witness at trial).
- Errata changes that contradict sworn testimony invite impeachment, so the right to correct is a double-edged sword.
If you waive, say so clearly on the record. Silence can create ambiguity about whether signature was reserved.
Stipulations Involving the Court Reporter
Several routine stipulations concern the reporter directly:
- Authority to swear the witness. In most settings the reporter is a notary or otherwise authorized to administer the oath. Parties may stipulate to this so the certification is unquestioned.
- Remote depositions. For video or web depositions, counsel often stipulate that the reporter may swear in a witness who appears remotely, since the reporter and witness aren't physically together. This stipulation has become standard for remote proceedings.
- Certification and custody. Parties may stipulate about who holds the original transcript and how copies are distributed.
Choosing a qualified, well-reviewed reporter reduces the chance these issues ever become problems. You can compare court reporters and agencies for free on courtreporter.co to find professionals experienced with the format and jurisdiction you're working in.
Practical Tips for the Record
- Recite stipulations clearly at the start. Ambiguity defeats the purpose.
- Avoid blanket "usual stipulations" unless every attorney genuinely shares the same understanding.
- Confirm reservation of objections so form objections aren't accidentally waived.
- State read-and-sign decisions explicitly, including any deadline (commonly 30 days from receipt of the transcript, though this varies).
- Get agreement on exhibits—how they're marked, whether copies suffice, and who retains originals.
- Read it back if needed. Ask the reporter to read the stipulation back if anyone is unsure what was agreed.
The Bottom Line
Stipulations are small agreements with real consequences. They determine whether your objections survive, whether your witness gets to review their testimony, and how cleanly the transcript holds up if the case proceeds to motion practice or trial. Treat the opening stipulations as part of your litigation strategy, not boilerplate to rush through.
When in doubt, spell it out. A few extra seconds clarifying terms on the record can prevent a costly dispute months later—and a strong court reporter will make sure every word of that agreement is preserved accurately.