are otherwise." Deseret Sav. Bank, 78 Utah at 252, 2 P.2d at 614. Thus, if the stipulation entered into by the parties still stands, the Commission and the parties are bound by it and the Commission cannot receive any evidence that conflicts with the facts contained in it. 121 Though " [there is an institutional hesitancy to relieve a party from a stipulation negotiated and entered into with the advice of counsel, " Rivera v. State Farm Mut. Auto. Ins. Co., 2000 UT 36, ¶ 11, 1 P.3d 539 (quoting Birch v. Birch, 771 P.2d 1114, 1116 (Utah Ct.App.1989)), a court has the discretion to set aside a stipulation under certain conditions. First, the party seeking relief from the stipulation must request it by motion from the trial court. See Fullmer v. Blood, 546 P.2d 606, 608-09 (Utah 1976) (<HOLDING>); Deseret Sav. Bank, 78 Utah at 252, 2 P.2d 609
holding that a party is not bound by the testimony of a witness it calls holding that appellant had standing to appeal because it was bound by the judgment even though it did not meet the second requirement holding that party was bound by stipulation of fact because it did not file motion with trial court requesting to be relieved from it holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it holding that it is not