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 or limitations placed upon discovery, except that:
Rule 29.Stipulations Regarding Discovery Procedure.
Last amended January 1, 2022 · Last verified July 3, 2026
In one sentenceRule 29 lets parties agree by written stipulation to change most discovery procedures on their own, without asking the court first.
Full Text of Rule 29
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended May 7, 2004, effective July 1, 2004
further amended October 8, 2020, effective January 1, 2021
further amended November 5, 2020, to extend effective date to July 1, 2021
further amended March 30, 2021, to extend effective date to January 1, 2022
Plain-English Summary
Unless the court directs otherwise, parties may stipulate in writing that depositions be taken before any person, at any time or place, on any notice, and in any manner, with the resulting deposition usable just like one taken the normal way. Parties can likewise modify other discovery procedures and limitations by stipulation. Two carve-outs bound this flexibility: the discovery limits set for expedited-track cases under Rule 16.1(c) can only be changed the way that rule itself allows, and a stipulation extending the time to respond to discovery under Rules 33, 34, or 36 needs court approval if it would interfere with a discovery deadline, a motion hearing, or the trial date.
In practice, this rule gives parties room to schedule depositions around real-world logistics and to adjust routine discovery deadlines without burdening the court with a motion every time, while keeping the court's oversight where a stipulation might otherwise disrupt the case schedule.
Frequently Asked Questions
Can parties agree to bypass the normal discovery rules?
Yes. Rule 29 lets parties stipulate in writing to take depositions before any person, at any time or place, and to modify most other discovery procedures, without needing the court's approval first.
Is there any limit on what parties can agree to change?
Yes, two: discovery limits for expedited-track cases under Rule 16.1(c) can only be modified the way that rule allows, and a stipulation extending a discovery response deadline needs court approval if it would interfere with a discovery cutoff, motion hearing, or trial date.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 29). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: discovery stipulationsagreement to modify discovery procedure