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.
Rule 29.Stipulations regarding discovery procedure
Part V: Depositions and Discovery · Last amended July 1, 1970 · Last verified July 28, 2026
In one sentenceRule 29 lets parties agree in writing to take depositions before any person, at any time or place, and in any manner, and to modify the procedures for other discovery methods, though stipulations extending the response deadlines under Rules 33, 34, and 36 need the court's approval.
Full Text of Rule 29
Amendment History
Amended, effective July 1, 1970.
Plain-English Summary
Unless the court orders otherwise, Rule 29 gives parties two things they can agree to on their own. First, they can stipulate that depositions be taken before any person, at any time or place, on any notice, and in any manner, and once taken that way, the deposition can be used just like any other. Second, they can modify the procedures these rules set out for other discovery methods, without needing the court's sign-off first.
There's one carve-out. A stipulation that extends the time these rules give for responding to interrogatories under Rule 33, document requests under Rule 34, or requests for admission under Rule 36 needs the court's approval before it takes effect. Everything else in Rule 29 -- where and how a deposition happens, and how other discovery procedures run -- the parties can arrange between themselves.
Frequently Asked Questions
Can the parties agree to hold a deposition somewhere other than what the rules would otherwise require?
Yes. Rule 29 lets parties stipulate in writing that a deposition be taken before any person, at any time or place, on any notice, and in any manner, and it can then be used the same as any other deposition.
Can we agree between ourselves to extend a deadline for interrogatory answers?
Not on our own. Rule 29 requires court approval for a stipulation extending the time these rules allow for responding to discovery under Rules 33, 34, or 36, even though it lets parties agree to other discovery modifications without the court's approval.
Does a court have to sign off on every discovery stipulation the parties make?
No, only on stipulations extending the response deadlines under Rules 33, 34, and 36. The court retains the power to order otherwise at any time, but ordinary stipulations under Rule 29 don't need advance court approval.
If we stipulate to an unusual deposition arrangement, can it still be used at trial like a normal deposition?
Yes. Rule 29 states that a deposition taken under such a stipulation may be used like any other deposition.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
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