Rule 29.Stipulations Regarding Discovery Procedure

Rule 29 gives parties broad freedom to customize discovery by agreement. Unless the court has specifically ordered otherwise, the parties may enter a written stipulation, signed by all parties or their counsel, that lets depositions be taken before any person, at any time or place, on any notice, and in any manner the parties choose, with those depositions then usable just like any other deposition taken under the rules. The same kind of stipulation can modify the procedures these rules otherwise set for any other method of discovery, such as interrogatories, document production, or requests for admission.

The stipulation has to be in writing and signed by all parties or their attorneys — an informal exchange, a one-sided confirming email, or an unwritten understanding does not satisfy the rule. Because the rule does not require court approval before the parties can vary discovery deadlines and procedures this way, Tennessee gives parties somewhat more latitude than jurisdictions that require court sign-off before agreed extensions take effect, though the court retains the power to order otherwise in a given case.

In practice, Rule 29 stipulations are often used to accommodate scheduling around distant witnesses, to agree in advance on who may preside over a deposition, or to streamline discovery procedures the parties would otherwise have to bring to the court to modify.