RulesofCivilProcedure.com Civil Procedure · Every State

Rule 29.Stipulations About Discovery Procedure

Group V: Depositions and Discovery · Last amended March 1, 2011 · Last verified July 15, 2026

In one sentenceRule 29 lets parties agree in writing to change the usual procedure for taking a deposition or to modify other discovery rules, but a stipulation that would push back the deadline for completing discovery, hearing a motion, or trial needs the court's approval first.

Full Text of Rule 29

Text sizeJump to: (a) (b)

Unless the court orders otherwise, the parties may stipulate in writing that:
(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.

Explanatory Note

The rule was amended, effective March 1, 1996; March 1, 2011. Rule 29 is derived from Fed.R.Civ.P. 29. Rule 29 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal

Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.

Plain-English Summary

Rule 29 gives parties room to run discovery their own way when the court has not ordered otherwise. Under Rule 29(a), the parties may stipulate in writing that a deposition be taken before any person, at any time or place, and on any notice, or in whatever manner they specify — a deposition taken this way can be used exactly like any other deposition once it is complete. This lets parties, for example, agree to a more convenient deposition officer or a schedule that fits everyone's calendars without asking the court to sign off in advance.

Rule 29(b) extends that flexibility to discovery procedures generally: the parties may agree in writing to modify the procedures or limits that would otherwise govern or restrict discovery. The rule draws one firm line, though — a stipulation extending the time allowed for any form of discovery needs the court's approval if it would interfere with the time already set for completing discovery, hearing a motion, or holding trial. Parties can rearrange the details of discovery between themselves, but they cannot use a private stipulation to quietly move deadlines that affect the court's own schedule for the case.

Frequently Asked Questions

Can the parties agree between themselves to change how a deposition is conducted?

Yes. Rule 29(a) allows the parties to stipulate in writing that a deposition be taken before any person, at any time or place, and on any notice, and the resulting deposition can be used the same way as any other deposition.

Do we need the court's permission to agree on our own deposition schedule?

Not usually. Rule 29 lets parties handle these details by written stipulation on their own, unless the court has already ordered otherwise.

When do we need the court's approval for a discovery stipulation?

Rule 29(b) requires court approval for a stipulation extending the time for any form of discovery if that extension would interfere with the time already set for completing discovery, hearing a motion, or holding trial.

Can the court override a discovery stipulation the parties already agreed to?

Rule 29 operates unless the court orders otherwise, so a court can set aside or decline to follow a stipulation, particularly one that would interfere with case deadlines it has already set.

Does a deposition taken under a Rule 29 stipulation count the same as one taken the standard way?

Yes. Rule 29(a) states that a deposition taken under a stipulation in the manner the parties specify may be used in the same way as any other deposition.

Source & verification. Rule text and the Explanatory Note are reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the Supreme Court of North Dakota. Last verified July 15, 2026. · Official source
Also known as: nd stipulation to change deposition procedureagree to modify discovery rules north dakotaextend discovery deadline by stipulation ndrule 29 discovery agreement north dakotawritten stipulation deposition nd civil procedure