Rule 29.Stipulations regarding discovery procedure.
Last verified July 6, 2026
Full Text of Rule 29
Amendment History
This rule has not been amended since its adoption.
Committee Comments
Committee Comments on 1973 Adoption
This rule differs from Federal Rule 29 in that this rule eliminates the Federal requirement for court approval for an extension of time under Rules 33, 34 and 36. The Federal limitations upon extensions of time for interrogatories, production, and admissions seem unnecessary and cumbersome for state practice. This rule is virtually identical to Vermont Rules of Civil Procedure 29. For prior treatment under Alabama law of this subject matter, see Tit. 7, § 474(8), Code of Ala.
Plain-English Summary
Discovery rules are full of default settings: who presides over a deposition, how much notice is required, where it happens. Rule 29 lets the parties override those defaults by written agreement. If both sides would rather use a court reporter who is not technically an authorized officer, hold a deposition on shorter notice, or run it somewhere more convenient than the rule would otherwise require, they can agree to it in writing, and that agreement controls in place of the rule's normal requirements. The same flexibility extends to other discovery methods, letting parties adjust the built-in procedures for interrogatories, document requests, or requests for admission by mutual agreement rather than by asking a judge to bless every minor departure.
The point of Rule 29 is to keep small procedural disagreements from turning into motions. Litigation moves faster and costs less when opposing counsel can shake hands on scheduling and mechanics instead of burning time and money getting a judge to sign off on routine adjustments. The court still has the final word, since the rule only applies unless the court has ordered otherwise, so a judge can step in and override a stipulation if it interferes with how the case needs to be managed. But absent that kind of intervention, a written stipulation between the parties is enough to change how discovery unfolds.
Frequently Asked Questions
Can opposing lawyers just agree to change how a deposition will be conducted?
Yes. Under Rule 29 the parties can agree in writing to hold a deposition before a different person, at a different time or place, on different notice, or in a different manner than the rules would otherwise require, and that agreement controls unless the court orders otherwise.
Does a Rule 29 stipulation need to be approved by the judge?
No. The stipulation takes effect by being written and agreed to by the parties. A court can override it, but there is no requirement to seek advance approval for most discovery stipulations.
Can parties use Rule 29 to extend deadlines for interrogatories or document requests?
Yes, Rule 29 allows parties to modify the procedures for other discovery methods by agreement, which in practice covers things like extending response deadlines, though a court's own scheduling order can still limit that flexibility.
Why would parties bother stipulating instead of just asking the court for an order?
Stipulating is faster and cheaper. It lets the parties handle routine scheduling and mechanical adjustments to discovery themselves instead of filing a motion and waiting on a ruling for something both sides already agree on.