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Rule 29.Stipulations Regarding Discovery Procedure

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceRule 29 lets parties agree by written stipulation to change how and when depositions and other discovery happen, though any stipulation that would push back response deadlines and interfere with the discovery cutoff, a motion hearing, or trial needs court approval.

Full Text of Rule 29

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Unless otherwise directed by the court, the parties may by written stipulation: (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions; and (2) modify other procedures governing the timing of discovery, except that stipulations extending the time provided in C.R.C.P. Rules 33, 34, and 36 for responses to discovery may, if they would interfere with any time set for completion of discovery, for hearing of a motion, or for trial, be made only with the approval of the court.

Amendment History

Amended April 14, 1994, effective January 1, 1995.

Plain-English Summary

Discovery does not always have to follow the default procedures in the rules. Rule 29 lets parties agree, in writing, to take depositions before any person, at any time or place, on any notice, and in whatever manner they choose — and testimony taken that way can be used just like a deposition taken under the standard rules. Parties can also stipulate to change the timing of other discovery steps without asking the court first.

There is one limit. If a stipulation would extend the deadline for responding to interrogatories, document requests, or requests for admission, and that extension would interfere with the discovery cutoff, a scheduled motion hearing, or the trial date, the parties need the court's approval before the extension takes effect. Stipulations that do not create that kind of conflict can proceed without court involvement.

Frequently Asked Questions

Can parties agree to change discovery rules in a Colorado case without asking the court?

Yes — parties can stipulate in writing to take depositions in a different manner or on different notice, and to adjust the timing of other discovery, without court approval, as long as the change does not interfere with the discovery cutoff, a motion hearing, or trial.

Do we need a judge's approval to extend a deadline for responding to interrogatories?

Only if the extension would interfere with the discovery cutoff, a scheduled hearing, or the trial date — otherwise the parties can agree to it on their own.

Can we agree to let someone other than a court-authorized officer take a deposition?

Yes — a written stipulation can allow a deposition to be taken before any person, at any time or place, and the resulting testimony can be used the same as any other deposition.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 29). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. · Official source
Also known as: stipulation to change discovery rulesagree to modify deposition procedurediscovery stipulation coloradoextending discovery deadlines by agreementrule 29 colorado