Unless the court orders otherwise, the parties may stipulate that:
K.S.A. 60-229.Discovery procedure; stipulations
Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-229 lets parties stipulate around most of the mechanics of discovery, allowing depositions before any person, at any time or place, and by any manner they agree on, though a stipulation extending a discovery deadline needs court approval if it would interfere with the schedule for completing discovery, a motion hearing, or trial.
Full Text of K.S.A. 60-229
(a) A deposition may be taken before any person, at any time or place, on any notice, and in the manner specified, in which event it may be used in the same way as any other deposition; and
(b) other procedures governing or limiting discovery be modified, but a stipulation extending the time for any form of discovery must have court approval if it would interfere with the time set for completing discovery, for hearing a motion or for trial.
Amendment History
L. 1963, ch. 303, 60-229; amended by Supreme Court order dated July 20, 1972; L. 2010, ch. 135, § 98; July 1.
Plain-English Summary
Discovery doesn't have to follow every procedural default the parties would prefer to change. Unless the court orders otherwise, K.S.A. 60-229 lets the parties stipulate that a deposition may be taken before any person, at any time or place, on any notice, and in whatever manner they specify — and once taken that way, it can be used exactly like any other deposition in the case.
The parties can go further and modify other procedures that would otherwise govern or limit discovery. But that flexibility has one hard boundary: if a stipulation would extend the time for any form of discovery in a way that interferes with the deadline for completing discovery, for a motion hearing, or for trial, the parties need the court's approval first. Private agreement can smooth out the day-to-day mechanics of discovery, but it can't be used to quietly push back deadlines that affect the court's own schedule.
Frequently Asked Questions
Can the parties agree to take a deposition somewhere other than where the rules normally require?
Yes. Under K.S.A. 60-229, unless the court orders otherwise, the parties may stipulate that a deposition be taken before any person, at any time or place, on any notice, and in the manner they specify, and it can then be used the same as any other deposition.
Do we need the court's permission to agree on our own discovery procedures?
Not for most agreements about how discovery is conducted. But a stipulation extending the time for any form of discovery needs court approval if it would interfere with the time set for completing discovery, for a motion hearing, or for trial.
Can a deposition taken under a stipulated procedure be used at trial like a normal deposition?
Yes. The statute states it may be used in the same way as any other deposition once it's taken under the stipulated arrangement.
Why would parties need court approval to extend a discovery deadline if they both agree to it?
Because the extension could interfere with dates the court has already set for completing discovery, for hearing a motion, or for trial — deadlines that affect the court's docket, not just the parties' private arrangement.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
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