Ch. V: Depositions and Discovery · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 29 lets the parties vary the discovery procedure by written stipulation, once the court has permitted discovery at all.
Full Text of Rule 29
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When discovery is permitted by the Court, unless the Court orders otherwise, 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 the procedures provided by these Rules for other methods of discovery, except that stipulations extending the time provided in Rules 33, 34 and 36 for responses to discovery may be made only with the approval of the Court.
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Plain-English Summary
Where discovery is permitted, and unless the court orders otherwise, the parties may by written stipulation provide that depositions be taken before any person, at any time or place, on any notice, and in any manner, to be used in the same way as other depositions; and may modify the other discovery procedures.
The opening clause is doing the work. In most courts this rule is simply a convenience. In the Delaware Family Court it operates downstream of Rule 26's leave requirement — parties can agree how discovery is conducted, but not that it will happen. That decision belongs to the court.
The stipulation must be in writing, which is the usual protection: an agreement about procedure that nobody wrote down tends to be remembered differently by each side.
Frequently Asked Questions
Can the parties agree to change how discovery works?
Yes, by written stipulation, where discovery is permitted by the court and unless the court orders otherwise.
Can we agree to do discovery without asking the court?
No. Rule 26 requires leave of court for formal discovery; this rule governs how discovery already permitted is conducted.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 29), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:discovery stipulation DelawareFam. Ct. Civ. R. 29