Rule 29.Stipulations Regarding Discovery Procedure

Rule 29 is a single sentence and it is the escape hatch for the whole of Part V. Unless the court orders otherwise, the parties may by written stipulation do two things.

First, provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner — and a deposition so taken may be used like any other. That is a wide grant: it reaches the officer, the timing, the location, the notice period and the method all at once.

Second, modify the procedures these rules provide for other methods of discovery. Interrogatory limits, response times, the form of a production request — all of it is open to agreement.

Two limits are built in. The stipulation must be written. And the court may order otherwise, so a stipulation cannot bind the court against its own case management.

Rule 28(a) connects to this rule: a person designated by the parties under Rule 29 counts as an "officer" for the purposes of Rules 30, 31 and 32, so a stipulated deposition officer carries the same authority through the rest of the deposition rules.