La. Admin. Code tit. 41 § II-610

Current through Register Vol. 50, No. 9, September 20, 2024

Section II-610 - Stipulations

A. General. A "stipulation" is an agreement between the parties. There are two common types of stipulations, "stipulation of fact" and "stipulation of expected testimony." Stipulations may be made orally or in writing. The military judge rules on the admissibility of the stipulation, and should ordinarily inquire to insure that the accused understands the right not to stipulate, understands the stipulation, and consents to it. [See R.C.M. 811.]

B. Stipulation of Fact. The parties may stipulate that a certain facts exists or does not exist. Once accepted, a stipulation of fact, in whatever form, is binding on the court-martial and may not be contradicted by the parties.

C. Stipulation of Expected Testimony. The parties may also stipulate that, if a witness were present, he would testify in a specified manner or that, if an original document were introduce, the document's contents would include certain information. Unlike a stipulation of fact, the parties are free to contradict, attack, or explain the evidence presented in this manner.

D. "Confessional Stipulation". The accused may, after a plea of not guilty, enter into a stipulation that amounts to a confession. Such a stipulation is subject to the same constraint as a guilty plea, and the military judge must ascertain that:

1. the accused understands the right not to so stipulate;

2. the stipulation will not be accepted without the accused's consent;

3. the accused understands the contents and effect of the stipulation;

4. the accused, after consulting with counsel, consents to the stipulation; and

5. whether there are any agreements between the parties in connection with the stipulation, and, if so, the terms thereof.

La. Admin. Code tit. 41, § II-610

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2402 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).