Rule 29.Stipulations Regarding Discovery Procedure.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 29
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
Written stipulations can reshape most of discovery. The parties may agree that depositions be taken before any person, at any time or place, on any notice and in any manner, and a deposition taken that way is used like any other. They may also modify other procedures governing discovery or the limits placed on it.
One thing is carved out. A stipulation extending the time to respond to interrogatories under Rule 33, to a production request under Rule 34, or to requests for admission under Rule 36 may be made only with the approval of the court. Response deadlines are the court business, not the parties.
The whole rule yields to a direction from the court or the clerk under Rule 77(c)(2), so a standing order in a particular case or circuit governs over a private agreement.
Frequently Asked Questions
Can the parties agree to change discovery procedure in Hawaii?
Yes, by written stipulation, unless the court or clerk has directed otherwise under Rule 77(c)(2).
Can we agree to extend a discovery deadline?
Not on your own. A stipulation extending the time to respond under Rules 33, 34 or 36 may be made only with the approval of the court.
Can we agree on an unusual deposition format?
Yes. The parties may stipulate that a deposition be taken before any person, at any time or place, on any notice and in any manner.
Is a stipulation required to be in writing?
Yes. The rule speaks of written stipulation.
Does a court order override a stipulation?
Yes. The rule applies unless otherwise directed by the court or clerk as provided in Rule 77(c)(2).