Can a court referee have someone sign a stipulation for a respondent when the respondent is on a phone call to the court?

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Can a court referee have someone sign a stipulation for a respondent when the respondent is on a phone call to the court?

Is the signing of the stipulation (which was signed above)for the court referee to hear the case and give all determinations for the case legal?

Asked on January 20, 2013 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country unless there is a valid power of attorney authorizing someone signing a stipulation for a respondent when the respondent is on a phone call to the court such cannot be legally done. Rather the respondent has to sign the stipulation with his or her own hand.

If the respondent did not sign the actual stipulation and did not sign a power of attorney alowing such the court referee's determinations have no validity.


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