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Rule 29.Stipulations regarding discovery procedure.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceRule 29 lets parties change discovery procedures by written stipulation -- including when, where, and before whom a deposition is taken -- without asking the court, except that extending the deadlines to respond to interrogatories, document requests, or requests for admission takes court approval.

Full Text of Rule 29

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Unless the court orders otherwise, the parties may by written stipulation (a) 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 (b) modify the procedures provided by these rules for other methods of discovery except that stipulations extending the time provided in Rules 33.01, 34.02 and 36.01 for responses to discovery may be made only with the approval of the court.

Amendment History

(Amended effective October 1, 1971.)

Plain-English Summary

Rule 29 gives parties room to work out discovery logistics on their own. If both sides agree in writing, they can take a deposition before a different officer, at a different time or place, or under different notice than the rules otherwise require, and use it just like any other deposition. They can also agree to modify other discovery procedures.

That flexibility has one limit. If the stipulation would push back the deadline to respond to interrogatories under Rule 33.01, a document request under Rule 34.02, or requests for admission under Rule 36.01, the parties cannot do that alone -- the court has to approve it. The rule exists so parties can schedule around conflicts and save everyone time, while keeping a judge in the loop when a real deadline is at stake.

Frequently Asked Questions

Can both sides agree to change deposition procedures without a judge in Kentucky?

Yes. Rule 29 lets parties stipulate in writing to take a deposition before any person, at any time or place, on any notice, and in any manner, and it can be used like any other deposition -- no court order needed unless the court has already ordered otherwise.

Can lawyers just agree to extend a discovery deadline in Kentucky?

Not for every deadline. Parties can stipulate to most changes in discovery procedure, but stipulations extending the time to respond to interrogatories (Rule 33.01), document requests (Rule 34.02), or requests for admission (Rule 36.01) require court approval.

Does a discovery stipulation have to be in writing?

Yes. Rule 29 requires a written stipulation, and it only applies unless the court has ordered otherwise in the case.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 29). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
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