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SCRCP 29

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Rule 29 Stipulations Regarding Discovery Procedure

V. Depositions and Discovery

← Previous Rule 28: Persons Before Whom Depositions May Be Taken; Depositions in Out-of-state Actions Next → Rule 30: Depositions Upon Oral Examination

Rule Text

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) to the extent allowed by Rule 6(b), modify the procedures provided by these rules for other methods of discovery.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Here's a plain English summary of this rule:

Parties in a lawsuit can agree between themselves to change how discovery works, without needing to ask the judge first. Discovery is the process where both sides gather information and evidence before trial, like depositions (recorded interviews under oath), written questions, or document requests.

If both sides agree in writing, they can set their own rules for depositions. This means they can pick who runs the deposition, when and where it happens, how much notice is needed, and what format it takes. Once they agree to these terms, the deposition counts just like any other deposition taken under the normal rules.

The parties can also agree to change the timing or procedures for other types of discovery, like sending questions or requesting documents. However, these changes still have to follow certain time limit rules found in Rule 6(b).

The main point of this rule is flexibility. If both sides can work together and agree on a process, they don't need to get court permission for every small change. This can save time and money by letting people handle discovery in a way that works better for their schedules. But if the parties can't agree, or if the court decides to step in and set specific rules, then this flexibility goes away and the normal procedures apply instead.

Committee Notes

Note:

The language above is the current Federal Rule which permits stipulations for means of discovery, and insures that a court may vary the stipulations. The parties, however, cannot by stipulation extend the time for response to interrogatories, document requests, and requests to admit.

Note to 2001 Amendment:

The 2001 amendment eliminates the requirement of court approval for requests for extensions regarding discovery procedure where the parties agree to the extension in writing. Extensions are limited by Rule 6(b) which allows the parties to stipulate to only one extension and for the original time provided.

← Previous Rule 28: Persons Before Whom Depositions May Be Taken; Depositions in Out-of-state Actions Next → Rule 30: Depositions Upon Oral Examination