Staples v. Woman's Clinic

Judge BECTON

concurring.

Procedural stipulations entered into by counsel are not absolutely binding on the trial court. Thus, summary judgment based on procedural stipulations may be set aside at the discretion of the trial court. Under Rule 16 of the North Carolina Rules of Civil Procedure pre-trial orders, including stipulations, may be *620“modified at the trial to prevent manifest injustice.” “The Court may . . . set [stipulations] aside, on timely application, for inadvertence, improvidence or excusable neglect by either party if there is no prejudice to the opposite party and it would be…