Rule 29.Stipulations Regarding Discovery Procedure

Rule 29 gives parties room to run discovery on their own terms rather than always going back to the court. Unless the court orders otherwise, the parties can agree by written stipulation that depositions may be taken before any person, at any time or place, on any notice, and in any manner — and once taken that way, the deposition can be used just like any other. The same stipulation authority lets parties modify the procedures these rules set out for other discovery methods, such as interrogatories, document requests, or requests for admission.

There is one significant limit built into the rule. A stipulation extending the time allowed for any form of discovery needs court approval only if the extension would interfere with the time already set for completing discovery, for a motion hearing, or for trial. Parties can otherwise agree between themselves to give each other more time without asking the court to sign off, so long as that agreement does not run up against a deadline the court has already fixed.

Rule 29 was amended effective October 7, 2021, to make this clear: parties may stipulate to extensions of time for any form of discovery without needing court approval, unless the extension would interfere with a court-ordered discovery deadline, a hearing date, or trial. That change reflects a preference for letting parties manage routine scheduling adjustments between themselves, while keeping court oversight where an extension would threaten the case's schedule.