Rule 29.Stipulations Regarding the Taking of Depositions.
Current through February 2024 · Last verified July 8, 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
Rule 29 gives parties one tool: a written stipulation. If everyone involved agrees in writing, they can bypass the usual formalities for depositions — who administers the oath, how much notice goes out, where it happens, and how the testimony gets recorded. The deposition still counts as a deposition for every purpose once it is taken this way.
In practice, lawyers use this rule to solve scheduling problems. A witness might be available only at an odd hour, or the parties might prefer a court reporter who is not formally appointed under the rule governing deposition officers. Instead of filing a motion and waiting on a court order, they can put their agreement in writing and proceed.
The rule does not lower the stakes of what happens at the deposition itself. It only relaxes who can preside, when it can occur, where it can occur, and what notice is required. Once the parties agree, the resulting deposition is treated the same as any other deposition taken under the discovery rules — it can be used later in the case exactly as if every formality had been followed.
Frequently Asked Questions
Do all parties have to agree, and does the agreement have to be in writing?
Yes to both. Rule 29 only applies when the parties stipulate in writing. A verbal understanding or an assumption that nobody will object is not enough — without a signed writing, the standard deposition rules apply.
Can we use Rule 29 to let someone who isn’t a certified officer run the deposition?
Yes. The rule says depositions may be taken before any person the parties agree on. That flexibility covers who administers the oath and supervises the proceeding, not just the scheduling details.
Once we take a deposition this way, can it still be used at trial like any other deposition?
Yes. Rule 29 says a deposition taken under a written stipulation may be used like other depositions, so the ordinary rules on using deposition testimony still apply once it exists.