Is a Stipulation "Written" if It is Stated on the Record
My question invovels stipulations in the state of NY. I have an order from a supreme court judge that in order for the referee to become a hear and determine. the stipulation needs to be a WRITTEN STIPULATION. the stipulation was only spoken on the record. I need the hear and determine to be thrown out and I need law that tells me that written stipulation is actually that. A stipulation in writing. Not one that is simply put on the record.
Re: Is a Stipulation "Written" if It is Stated on the Record
An oral statement on the record isn't a writing. But why are you asking? You may be mistaken about what's required. Typically, where both parties stipulate to something on the record, it doesn't much matter if it's reduced to a writing before the court proceeds based on the stipulation.
If you're having trouble writing in the English language, perhaps you can get help from a friend or relative who is more fluent.