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 this chapter for other methods of discovery.
804.04.Stipulations regarding discovery procedure.
Ch. 804: Depositions and Discovery · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 804.04 lets parties, unless the court orders otherwise, agree by written stipulation to take depositions on terms of their own choosing and to change the procedures that govern other methods of discovery.
Full Text of Section 804.04
Plain-English Summary
Discovery in Wisconsin runs on a set of default procedures, but Section 804.04 lets the parties bypass much of that default when they agree in writing. A stipulation can authorize a deposition to happen before any person the parties choose, at any time or place, on whatever notice they pick, and in whatever manner suits them. A deposition taken this way still counts as a deposition for every other purpose in the discovery rules, including how it can later be used in court.
The section reaches beyond depositions, too. Parties can use the same kind of written agreement to reshape the procedures for any other discovery method in this chapter, whether that means interrogatories, document requests, or requests for admission. That flexibility lets litigants streamline discovery around the needs of their case instead of following every procedural step by default.
The opening clause puts one limit on all of this: the court can order otherwise. A judge who wants tighter control over discovery in a given case can override an arrangement the parties would otherwise be free to make between themselves.
Frequently Asked Questions
Can the parties agree to take a deposition somewhere other than what the rules normally require?
Yes. Section 804.04 lets parties stipulate in writing that a deposition may be taken before any person, at any time or place, on any notice, and in any manner they choose.
Does a deposition taken under a stipulation still work like a normal deposition in court?
Yes. The section says a deposition taken this way “may be used like other depositions,” so it carries the same weight as one taken under the standard procedure.
Can a judge block a discovery stipulation the parties have already agreed to?
Yes. The section opens with “unless the court orders otherwise,” which lets the court override the parties’ agreement.
Does Section 804.04 only cover depositions?
No. It also lets parties modify, by written stipulation, the procedures this chapter sets for other discovery methods, not depositions alone.
Does the stipulation have to be in writing to be effective under this section?
Yes. Section 804.04 speaks of a “written stipulation,” so an informal oral understanding between counsel does not satisfy it.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 664 (1975).
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin discovery stipulation ruleagreeing to change deposition procedure wisconsinwritten stipulation discovery wisconsinmodify discovery procedure by agreement