Unless the court orders otherwise, the parties may stipulate, by a written or otherwise recorded stipulation, that:
§ 6-329.Stipulations about discovery procedure.
Article 3: Nebraska Court Rules of Discovery in Civil Cases. (Effective January 1, 2025.) · Last amended January 1, 2025 · Last verified July 22, 2026
This section prints two full, separately-dated versions in the official compilation (the January 1, 2025 discovery/pleading rewrite); both are shown below, current version first.
In one sentenceSection 6-329 lets parties agree in writing to vary the normal discovery rules — for example, taking a deposition before an unusual person or under different conditions — without needing court approval, except for stipulations that would push back deadlines the court has already set.
Full Text of § 6-329
§ 6-329. Stipulations about discovery procedure. — Current version (effective January 1, 2025)
(a) a deposition may be taken before any person, at any time or place, on any notice, and in any 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.
§ 6-329. Stipulations about discovery procedure. — Prior version (in effect before January 1, 2025)
Unless the court orders otherwise, the parties may by written or otherwise recorded stipulation:
(1) 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
(2) Modify the procedures provided by these rules for other methods of discovery.
Amendment History
Current version (effective January 1, 2025)
§ 6-329 amended November 13, 2024, effective January 1, 2025.
Official Comment
Current version (effective January 1, 2025)
COMMENT TO § 6-329 Stipulations can make the discovery process more efficient by allowing parties to vary from the Rules of Discovery when they think it best to do so. The reason for requiring a stipulation to be in writing is to minimize later disputes about the content of the stipulation. Stipulations normally do not need court approval. The 2024 Amendments added an exception in subpart (b) for stipulations extending time when those stipulations may affect certain deadlines and dates that the court has set.
Prior version (in effect before January 1, 2025)
COMMENT TO RULE 29 This provision is essentially new. It again authorizes the common practice of stipulations on discovery. It follows federal rule 29, but does not exclude certain subjects from stipulations as does the federal language. Similar language was originally included in former Neb. Rev. Stat. § 25-1267.19 (Repealed 1982), but had been dropped prior to the repeal of that section as the section had been amended several times to cover a different topic.
Plain-English Summary
Discovery does not have to run on rigid rails when the parties agree otherwise. Section 6-329 lets parties, by a written or otherwise recorded stipulation, agree that a deposition may be taken before any person, at any time or place, on any notice, and in any manner — and once taken that way, it can be used just like any other deposition. Parties can also stipulate to modify the procedures that otherwise govern discovery methods.
Most of these stipulations do not need a judge’s blessing. The one guardrail: a stipulation extending the time for any discovery method needs court approval if it would interfere with a deadline the court has already set — for completing discovery, hearing a motion, or holding trial. That keeps party agreements from quietly undoing a court’s own case schedule.
Frequently Asked Questions
Can parties agree to take a deposition in a way that does not follow the normal rules?
Yes. Parties may stipulate that a deposition be taken before any person, at any time or place, on any notice, and in any manner, and it can then be used like any other deposition.
Do discovery stipulations need to be in writing?
Yes, a written or otherwise recorded stipulation, which helps avoid later disputes over what the parties agreed to.
Does a stipulation modifying discovery procedures need court approval?
Generally no, unless the stipulation would extend a discovery deadline in a way that interferes with a time the court has set for completing discovery, hearing a motion, or trial.
Can parties stipulate to change more than just deposition procedures?
Yes. The rule also allows stipulations modifying other procedures governing or limiting discovery generally.
What happens if a stipulation to extend a discovery deadline conflicts with the court’s schedule?
That stipulation needs court approval before it takes effect.
Why does the rule require stipulations to be in writing rather than allowing an oral agreement?
To minimize later disputes about exactly what the parties agreed to regarding discovery procedure.
Source & verification. Section text and amendment history are
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
Also known as: discovery stipulation nebraskaagree to modify deposition ruleswritten stipulation discovery deadlineextend discovery time court approvalparties agree deposition procedure