Rule 29.Stipulations regarding discovery procedure
Group V: Depositions and Discovery · Not amended since adoption on record · Last verified July 13, 2026
Full Text of Rule 29
Notes
Note: The language above is the current Federal Rule which permits stipulations for means of discovery, and insures that a court may vary the stipulations. The parties, however, cannot by stipulation extend the time for response to interrogatories, document requests, and requests to admit.
Note to 2001 Amendment: The 2001 amendment eliminates the requirement of court approval for requests for extensions regarding discovery procedure where the parties agree to the extension in writing. Extensions are limited by Rule 6(b) which allows the parties to stipulate to only one extension and for the original time provided.
Plain-English Summary
Litigation runs smoother when opposing lawyers can agree on scheduling without dragging the judge into every detail. Rule 29 gives them that room. By written stipulation, parties can pick a different deposition officer, a different time or place, a different form of notice, or a different manner of taking the deposition than the rules otherwise prescribe — and the deposition still counts as validly taken. The same stipulation can also adjust other discovery procedures, such as moving a document production date or reshuffling the order in which parties respond to written discovery.
There is a boundary, though. Rule 29 ties any procedural modification to what Rule 6(b) allows, and Rule 6(b) permits only one stipulated extension, capped at the length of the original response period. So parties cannot use a Rule 29 stipulation to push an interrogatory deadline back indefinitely or grant themselves open-ended extra time; they get one bite at extending, and it cannot exceed the time they started with.
The practical effect is that most day-to-day discovery friction — a deposition that needs to move a week, a document request that needs a short extension — gets resolved by a phone call and a written confirmation, not a motion. The court only needs to step in when the parties cannot agree or when someone tries to stretch a stipulation past what Rule 6(b) tolerates.
Frequently Asked Questions
Do parties need a judge's approval to change deposition arrangements in South Carolina?
No. Rule 29 lets them agree in writing to a different time, place, officer, or manner for a deposition, and that agreement is enough unless the court has ordered otherwise.
Can parties stipulate to an unlimited extension of an interrogatory deadline?
No. Any extension reached through a Rule 29 stipulation is still bound by Rule 6(b), which allows only one extension and caps it at the length of the original response period.
What kinds of discovery procedures can a written stipulation modify?
Beyond deposition logistics, parties can adjust the procedures governing other discovery methods, such as timing for document production or written discovery, as long as the change stays within Rule 6(b)'s limits.
Does a discovery stipulation between the parties need to be filed with the court?
Rule 29 does not require court filing for the stipulation to take effect between the parties, though putting it in writing protects both sides if a dispute later arises over what was agreed.