Unless the court orders otherwise, the parties may by written stipulation:
Rule 4:13.Stipulations regarding discovery procedure
Last amended September 5, 1972 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:13 lets the parties, by written stipulation and unless the court orders otherwise, agree that depositions may be taken before any person and in any manner, and modify other discovery procedures, except that extending the interrogatory rule's time needs court approval.
Full Text of Rule 4:13
(a) 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
(b) Modify the procedure provided by these rules for other methods of discovery, except that stipulations extending the time provided in R. 4:17 (interrogatories to parties) may be made only with the approval of the court.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:19. Former rule deleted and new R. 4:13 adopted July 14, 1972 to be effective September 5, 1972.
Plain-English Summary
Parties can tailor discovery to their case by agreement. Under this rule, unless the court orders otherwise, the parties may by written stipulation provide that depositions be taken before any person, at any time or place, on any notice, and in any manner, with the resulting deposition usable like any other.
They may also stipulate to modify the procedures for other discovery methods. One limit is carved out: a stipulation extending the time set by Rule 4:17 for interrogatories requires the court’s approval.
Frequently Asked Questions
Can parties change the discovery rules by agreement?
Yes. By written stipulation, and unless the court orders otherwise, parties may agree how depositions are taken and may modify other discovery procedures — except that extending the interrogatory time under Rule 4:17 requires court approval.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:13). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: stipulations regarding discoverydiscovery stipulationmodify discovery procedure