Respondents Willfully Fail to Adhere to Stipulated deadlines cause them to be in default

Respondents Willfully Fail to Adhere to Stipulated deadlines cause them to be in default

The parties signed a stipulation for a schedule to examine witnesses and file objections.  They acknowledge to the court that their default was willful causing the court to dismiss their objections.

Unlike in other courts where scheduling stipulations are commonly ignored Surrogate’s Court has a tendency to take “so ordered” stipulations (meaning the terms were approved and ordered by the Court to be complied with) very seriously.  This also presents another reason why you need to be represented by counsel who is familiar with Surrogate’s Court practice when your case is in Surrogate’s Court.

Surrogate Nelida Malave-Gonzalez, Surrogate’s Court

Matter of Estate of Servones, 2017-2096 (January 18)