Rule 29.Stipulations Regarding the Taking of Depositions.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 29
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
This is the shortest rule in the discovery division and one of the most useful. A written stipulation can lift the requirement of an order of court, change who presides, change when and where the deposition happens, change the notice, and change the manner of taking it. The parties, not the court, set the terms.
The form matters. The rule works only where the parties stipulate in writing, so a hallway agreement or an unconfirmed phone call leaves the default rules in place. It speaks of the parties, so the writing has to take in everyone in the case; a deal with one of several parties does not displace the rules as to the rest.
The payoff sits at the end of the sentence: a deposition so taken may be used like other depositions. An unusual time, place or format does not weaken the transcript when it is later offered under Rule 32. One limit sits in a neighboring rule. Rule 30(a)(2) puts a deponent confined in prison ahead of its stipulation clause, so leave of court is still called for there even where the parties agree.
Frequently Asked Questions
Can the other side and I agree to take a deposition without asking the judge?
Yes. Rule 29 allows depositions to be taken without an order of court where the parties stipulate in writing. Nothing further has to be presented to the court to make that arrangement work.
Can we agree on who takes the deposition?
Yes. A written stipulation may provide that the deposition be taken before any person, so the parties can displace the officer Rule 28 would otherwise require. The same writing may also fix the time and place and the manner of taking it.
Can we shorten or skip the deposition notice?
A written stipulation may set the deposition upon any notice the parties choose. The rule works on a stipulation of the parties, so everyone in the case has to be in the writing; a deal with one of several parties leaves the ordinary notice requirements in place.
Can the parties agree to depose a witness for a second time?
Rule 30(a)(2) requires leave of court to depose someone who has already been deposed in the case only where there is no written stipulation of the parties. A written stipulation under Rule 29 fills that gap.
Can a deposition taken by agreement be used at trial?
Yes. Rule 29 says a deposition so taken may be used like other depositions, so the usual limits and permissions in Rule 32 govern how it comes into evidence.