Posted by Mike (WA) on January 20, 2015 at 01:35:24 from (174.31.194.94):
In Reply to: OT Legal Eze posted by 55 50 Ron on January 19, 2015 at 19:29:33:
"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.
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