Unless the court orders otherwise, the parties may by written stipulation (1) provide that 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 and (2) modify the procedures provided by these Rules for other methods of discovery, including discovery of electronically stored information. Stipulations may include agreements with non-party witnesses, consistent with Code § 8.01-420.4. Such stipulations must be filed with the deposition or other discovery completed pursuant thereto.
Rule 4:4.Stipulations Regarding Discovery.
Part Four: Pretrial Procedures, Dispositions and Production at Trial · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 4:4 lets parties agree by written stipulation to take depositions before any person, at any time or place, and on any notice, and to modify the procedures for other discovery methods, including electronic discovery, as long as they file the stipulation with the resulting discovery.
Full Text of Rule 4:4
Plain-English Summary
Rule 4:4 gives litigants room to run discovery without a trip to the courthouse for every procedural wrinkle. Unless the court orders otherwise, the parties may agree in writing that a deposition be taken before any person, at any time or place, on any notice, and used afterward like any other deposition. The same stipulation authority extends to modifying the procedures for other discovery methods, including how electronically stored information is handled.
The rule also recognizes agreements that include non-party witnesses, consistent with Virginia Code § 8.01-420.4. Whatever the parties agree to, the stipulation must be filed with the deposition or other discovery it governs, so the record reflects the terms both sides worked under.
Frequently Asked Questions
Can parties agree to change how a deposition is taken in Virginia?
Yes. Rule 4:4 lets them stipulate that a deposition be taken before any person, at any time or place, and on any notice, unless the court orders otherwise.
Does a discovery stipulation need to be filed with the court?
Yes. Rule 4:4 requires that stipulations be filed with the deposition or other discovery completed under them.
Can a stipulation modify how electronic discovery is handled?
Yes. Rule 4:4 allows the parties to modify the procedures for any discovery method by stipulation, including discovery of electronically stored information.
Can a stipulation involve a non-party witness?
Yes. Rule 4:4 recognizes stipulations that include non-party witnesses, consistent with Virginia Code § 8.01-420.4.
Can a court override a discovery stipulation between the parties?
Yes. Rule 4:4 gives the parties this flexibility only when the court has not ordered otherwise, so a judge retains authority to reject or modify the parties’ agreement.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: discovery stipulations virginiadeposition agreement virginiamodify discovery procedures virginiavirginia rule 4:4