Rule 29.Stipulations Regarding Discovery Procedure
Last amended January 1, 1997 · Last verified July 1, 2026
Full Text of Rule 29
Advisory Committee Comments
Amendment History
- (Amended effective January 1, 1997.)
Plain-English Summary
Discovery does not always have to follow the default rules to the letter. Rule 29 lets the parties, by agreement, decide that depositions can be taken before any person, at any time or place, on any notice, and in any manner they choose, and once taken that way, the deposition can be used the same as one taken under the standard procedures. Parties can also agree to modify other discovery procedures and limitations beyond depositions, giving them flexibility to streamline the process in ways that work for their particular case.
There is one significant exception. If parties want to stipulate to extend the response deadlines for interrogatories, document requests, or requests for admission, they can generally do that on their own — but not if the extension would interfere with a deadline already set for completing discovery, for a motion hearing, or for trial. In that situation, the parties need the court’s approval before the extension takes effect. And all of this flexibility exists only unless the court has directed otherwise in the case.
Frequently Asked Questions
Can the parties agree to take a deposition somewhere other than what the rules normally require?
Yes, unless the court directs otherwise, parties may stipulate that depositions be taken before any person, at any time or place, on any notice, and in any manner, and use it like any other deposition.
Do we need court approval to agree to extend a discovery response deadline?
Only if the extension would interfere with a deadline already set for completing discovery, a motion hearing, or trial; otherwise the parties can generally agree to extend response deadlines on their own.
Can parties change other discovery procedures besides depositions by agreement?
Yes, the rule allows parties to modify other procedures and limitations governing discovery by stipulation, subject to the same court-approval exception for response deadlines that would interfere with scheduled deadlines.
Does the court have the final say over these stipulations?
Yes, all of this is available unless otherwise directed by the court, and certain deadline extensions require court approval outright.
Advisory Committee Comments--1996 Amendments
This change conforms the rule to its federal counterpart. The committee believes it is desirable to permit stipulations regarding discovery whenever those stipulations do not impact the court’s handling of the action. Particularly in state court practice, it is often necessary to extend discovery deadlines--without affecting other case management deadlines--and the parties should be encouraged to do so. Counsel agreeing to discovery after a deadline should not expect court assistance in enforcing discovery obligations nor should non-completion affect any other motions, hearings, or other case management procedures.