Unless the court orders otherwise, the parties may stipulate that:
Rule 29.Stipulations about discovery procedure
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 29 lets parties agree among themselves, without a court order, to take depositions before any person and on any schedule, and to modify most other discovery procedures -- except that any stipulation extending a discovery deadline needs court approval if it would interfere with the time already set for completing discovery, a motion hearing, or trial.
Full Text of Rule 29
(a) a deposition may be taken before any person, at any time or place, on any notice, and in any manner specified—in which event it may be used in the same way as any other deposition; and
(b) other procedures governing or limiting discovery be modified —but a stipulation extending the time for any form of discovery shall have court approval if it would interfere with the time set for completing discovery, for hearing a motion, or for trial.
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Parties don't need to run every procedural detail past the court. Rule 29 lets them stipulate that a deposition can be taken before any person, at any time or place, and in any manner they agree on — and once taken that way, it can be used exactly like any other deposition. They can likewise agree to modify other discovery procedures on their own.
The one guardrail: if a stipulation would extend the time for any form of discovery in a way that interferes with a deadline the court has already set — for completing discovery, for a motion hearing, or for trial — the parties need the court's approval first. Private agreement can streamline discovery, but it can't override the court's own schedule.
Frequently Asked Questions
Do parties need the court's permission to agree on their own deposition procedures?
No, not generally. Rule 29 lets parties stipulate to take depositions before any person, at any time or place, and in any manner they agree on, without needing a court order.
When does a discovery stipulation need court approval?
When it would extend the time for any form of discovery in a way that interferes with a deadline the court has already set for completing discovery, a motion hearing, or trial.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 29). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: discovery stipulationagreeing to modify discovery procedure