Rule 29.Stipulations about discovery procedure
Group V: Disclosures and Discovery · Last amended March 1, 2019 · Last verified July 14, 2026
Full Text of Rule 29
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The rule is amended to conform to the federal rule, which allows parties to stipulate to certain procedural waivers and limitations in discovery, while protecting against a stipulation that is contrary to court mandated discovery deadlines, such as a stipulation to waive early disclosure under Rule 16.1. The amended rule requires that stipulations to extend the time for responses to discovery provided in Rules 33, 34, and 36 may be made only with the court’s approval if the extension would interfere with times set for completing discovery, hearing a motion, or trial.
Amendment History
Amended eff. 9-27-71; Amended 12-13-85, eff. 2-11-86; Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
Rule 29 hands discovery scheduling back to the lawyers, within limits. Unless the court has already ordered otherwise, the parties can stipulate that a deposition be taken before any person, at any time or place, and in whatever manner they specify, and a deposition taken that way is usable exactly like any other. The same stipulation power reaches other discovery procedures, letting counsel adjust the mechanics of interrogatories, document requests, or admissions without a trip to the courthouse for permission.
The one guardrail is timing. A stipulation that would push back the deadline for completing discovery, delay a scheduled motion hearing, or bump up against the trial date needs the court's approval before it takes effect. Everything short of that, parties can work out on their own, which is why Rule 29 tends to be the rule lawyers lean on to keep a case moving without generating a stack of unnecessary motions.
Frequently Asked Questions
Do parties need the court's permission to change how a deposition is conducted?
No, not by default. Parties can stipulate to take a deposition before a different person, at a different time or place, or in a different manner than the rules otherwise require, and it is usable just like any other deposition, unless the court has ordered otherwise in the case.
What else besides depositions can a Rule 29 stipulation change?
The parties can agree to modify the procedures governing other discovery methods as well, adjusting how those procedures play out, not just how depositions are taken.
When does a discovery stipulation need the court's approval?
Only when it would interfere with a deadline already set for completing discovery, for hearing a motion, or for trial. A stipulation that extends time in a way that bumps up against one of those dates needs court approval before it is effective.
Can the court reject a discovery agreement the parties already made?
The rule is built around the court not needing to approve most stipulations in advance, but a court that has already entered a scheduling or discovery order retains authority over the case, which is why any stipulation is measured against whether it interferes with dates the court has already set.
Why do lawyers rely on Rule 29 instead of filing motions?
It lets them resolve routine scheduling and procedural issues, such as moving a deposition to a more convenient date or location, without burdening the court with a motion, so long as the agreement does not run into an existing deadline.