Questions for Placing Stipulation on the Record and Allocution
(By Counsel)
It is hereby stipulated and agreed by and between the attorneys for the parties hereto and the parties hereto as follows (dictate provisions):
1......
2.....
Direct Examination - Allocution - Questions with regard to Agreement or Stipulation
(By Counsel)
Q. Are you taking any medication at present?
Q. Did you take any medication before coming to court today?
Q. Are you under the influence of any drug or alcohol?
Q. Did you take any drug or consume any alcohol before coming to court today?
Q. Are you under any disability at present or stressor that affects your ability to think clearly and understand what is going on here today?
Q. Did you hear the agreement (stipulation) that was just dictated into the record by Mr.__________?
Q. Did you understand all of its terms?
Q. Do you have any questions with regard to any of its terms?
Q. Do you consent to all of its terms and conditions?
Q. Does it contain the entire understanding between you and the defendant?
Q. Are there any side agreements or provisions which you agreed to which are not in the stipulation?
Q. Has anyone promised you anything that is not in the stipulation as consideration for you agreeing to the terms of the stipulation?
Q. Has anyone threatened or coerced you to agree to the terms of the stipulation?
Q. Are you convinced that the terms of the stipulation are fair and reasonable under the circumstances?
Q. Do you understand that although the stipulation was not written out and signed by both of you, dictating it on to the record in open court, has the same effect as though it were written out, signed and acknowledged before a notary public?
Q. Do you understand that although the stipulation was not written out and signed by both of you, dictating it on to the record in open court, has the same effect as though it were written out, signed and acknowledged before a notary public and that it's terms and conditions may not be changed or modified after you leave the courthouse today?
Q. Do you intend to comply with all of the terms and conditions of the stipulation?
(By Counsel)
It is hereby stipulated and agreed by and between the attorneys for the parties hereto and the parties hereto as follows (dictate provisions):
1......
2.....
Direct Examination - Allocution - Questions with regard to Agreement or Stipulation
(By Counsel)
Q. Are you taking any medication at present?
Q. Did you take any medication before coming to court today?
Q. Are you under the influence of any drug or alcohol?
Q. Did you take any drug or consume any alcohol before coming to court today?
Q. Are you under any disability at present or stressor that affects your ability to think clearly and understand what is going on here today?
Q. Did you hear the agreement (stipulation) that was just dictated into the record by Mr.__________?
Q. Did you understand all of its terms?
Q. Do you have any questions with regard to any of its terms?
Q. Do you consent to all of its terms and conditions?
Q. Does it contain the entire understanding between you and the defendant?
Q. Are there any side agreements or provisions which you agreed to which are not in the stipulation?
Q. Has anyone promised you anything that is not in the stipulation as consideration for you agreeing to the terms of the stipulation?
Q. Has anyone threatened or coerced you to agree to the terms of the stipulation?
Q. Are you convinced that the terms of the stipulation are fair and reasonable under the circumstances?
Q. Do you understand that although the stipulation was not written out and signed by both of you, dictating it on to the record in open court, has the same effect as though it were written out, signed and acknowledged before a notary public?
Q. Do you understand that although the stipulation was not written out and signed by both of you, dictating it on to the record in open court, has the same effect as though it were written out, signed and acknowledged before a notary public and that it's terms and conditions may not be changed or modified after you leave the courthouse today?
Q. Do you intend to comply with all of the terms and conditions of the stipulation?
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
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Joel R. Brandes Consulting Services, Inc.
2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:divorce@ix.netcom.com. Joel R. Brandes Consulting Services, Inc is a Florida corporation which is owned and operated by
Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. |
This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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