If the parties so stipulate in writing, 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.
Rule 29.Stipulations Regarding the Taking of Depositions
Part V: Discovery · Last amended 1966 · Last verified July 16, 2026
In one sentenceRule 15-6-29 lets parties agree in writing to take a deposition before any person, at any time or place, and in any manner, and once taken that way the deposition may be used exactly like any other deposition.
Full Text of Rule 15-6-29
Plain-English Summary
Rule 15-6-29 gives parties a way around the formal requirements the other deposition rules otherwise impose. If they stipulate in writing, a deposition may be taken before any person, at any time or place, on any notice, and in any manner the parties agree on — none of the usual constraints on who may officiate, how much notice is required, or where the deposition happens apply once there is a written stipulation.
A deposition taken this way is not treated as anything less than a standard deposition. Rule 15-6-29 says it may be used like other depositions, so the stipulation affects how the deposition gets taken, not how it gets used afterward.
Frequently Asked Questions
Can parties agree to take a deposition somewhere other than what the rules would normally require?
Yes. Rule 15-6-29 lets parties stipulate in writing to take a deposition at any time or place they agree on.
Does a deposition taken under a written stipulation still need to follow the officer-qualification rules?
Not necessarily. Rule 15-6-29 lets the parties agree to take the deposition before any person, rather than requiring the qualified officer that other rules ordinarily call for.
Is a deposition taken by written stipulation treated differently later in the case?
No. Rule 15-6-29 says such a deposition may be used like other depositions, so it carries the same weight and admissibility as one taken under the standard procedure.
Does the parties’ agreement to take a deposition this way need to be in writing?
Yes. Rule 15-6-29 requires the parties to stipulate in writing before the deposition can proceed outside the normal requirements.
What flexibility does this rule give over the notice required for a stipulated deposition?
Rule 15-6-29 lets the deposition proceed upon any notice the parties agree to, rather than the notice periods the other deposition rules specify.
Amendment History
—SDC 1939 & Supp 1960, § 36.0512; SD RCP, Rule 29, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
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