Group V: Depositions and Discovery · Last amended September 6, 2022 · Last verified July 14, 2026
Reporter’s Notes—2022 Amendment: Rule 29 is amended to conform to concurrent changes in Rule 5 regarding service of discovery materials. Under new Rule 5(b)(2)(D), discovery between electronic filers must be made by using the electronic filing system unless the parties consent to service by another method such as through email or file sharing. Discovery on or by nonelectronic filers is made by mailing or delivery. Again, email or another method can be used if the parties agree. Reporter’s Notes This rule is identical to Federal Rule 29 as amended in 1970, except that the final clause of the federal rule, requiring court approval for an extension of time under Rules 33, 34, and 36, has been omitted. The rule makes applicable to all discovery devices the stipulation provision of 12 V.S.A. § 1240a (now superseded), which was taken from former Federal Rule 29. The federal limitations upon extensions of time for interrogatories, production, and admissions seem unnecessary and cumbersome for state practice.
Amended May 9, 2022, eff. Sept. 6, 2022.
Discovery does not always need a judge's involvement to run smoothly. Rule 29 lets parties, by written stipulation, take depositions before any person, at any time or place, on any notice, and in any manner, and treat those depositions the same as any other. Parties can likewise agree to modify the procedures the rules otherwise set for other discovery methods - unless a Superior Judge has ordered otherwise. The Reporter's Notes point out that Vermont, unlike the federal rule this provision descends from, does not require court approval to extend deadlines for interrogatories, production, or admissions, since those limits seemed unnecessary for state practice.
Subdivision (b) adds a service requirement: all discovery materials must be served on the other parties as Rule 5(b)(2)(D) directs, which channels service through the electronic filing system for electronic filers, or through mail or delivery for those who file on paper, unless the parties agree to another method such as email.
By written stipulation, parties may provide that depositions be taken before any person, at any time or place, upon any notice, and in any manner, and such depositions may be used like any other deposition.
Yes. Unless a Superior Judge orders otherwise, parties may modify by written stipulation the procedures these rules provide for other discovery methods.
No. The rule omits the federal requirement of court approval for such extensions, since the Reporter's Notes describe those limitations as unnecessary for Vermont practice.
Rule 29(b) requires that all discovery materials be served as provided in Rule 5(b)(2)(D), which generally means through the electronic filing system for electronic filers and by mail or delivery for others, unless the parties agree to a different method.
Not if a Superior Judge has ordered otherwise. The rule's stipulation authority applies only insofar as a Superior Judge has not directed a different procedure, so a court can override the parties' agreement.