Is Stipulated Evidence (Not Live Testimony) Permitted by Courts ?
In People v. Oliver, 276 Ill. App. 3d 929, 213 Ill. Dec. 519, 659 N.E.2d 435 (1995), the Court vacated the trial court's denial of the defendant's motion to withdraw her guilty plea because her attorney had failed to file a Rule 604(d) certificate.
On remand, counsel filed the certificate and stated that he would stand on the prior motion.
The parties stipulated that the testimony presented at the prior hearing would be repeated at the current hearing.
The court denied the motion. Oliver, 276 Ill. App. 3d at 930-31.
On appeal, we held that the court failed to comply with our mandate because a new motion was not filed and a new hearing did not occur.
The Court explained:
"We do not hold that live testimony must be presented in every instance.
Courts permit stipulated evidence in many contexts.