Civil Practice Law and Rules 2103 governs stipulations made between the parties to an action or proceeding, It provides that ” . . . an agreement between parties or their attorneys relating to any matter in an action, other than one made between counsel in open court, is not binding upon a party unless it is in a writing subscribed by him or his attorney or reduced to the form of an order and entered.”
The parties to a lawsuit have the right to stipulate with regard to the conduct of the litigation so long as they do not violate public policy. They have the right to stipulate to extend time limitations, waive their rights and “chart their own course,”[1]� although they may not consent to confer subject matter jurisdiction on the court.[2]� An attorney has the authority to manage the conduct of the litigation on behalf of his client and has the authority to make certain procedural or tactical decisions.[3]� However, he may not settle or compromise a client’s case without the consent of the client,[4]� and a settlement negotiated by an attorney without authority from his client is not binding. Nevertheless, an attorney who does not have “actual authority” to settle a case may bind his client if he has “apparent authority.”[5]�
