Unless the court orders
otherwise, the parties may stipulate that:
Rule 29.Stipulation Regarding Discovery Procedure
Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 29 lets the parties stipulate to modify discovery procedures — such as how a deposition is taken, or limits on other discovery — unless the court orders otherwise.
Full Text of Rule 29
(a) a deposition may be taken before any person, at any time or place, on any notice, and in the 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.
Plain-English Summary
Rule 29 gives the parties room to tailor discovery by agreement. Unless the court orders otherwise, they may stipulate that a deposition be taken before any person, at any time or place, on any notice, and in any specified manner — with the deposition then usable like any other — and that other procedures governing or limiting discovery be modified. It is the rule that makes routine discovery agreements between counsel enforceable.
Frequently Asked Questions
Can the parties change the discovery rules by agreement?
Yes. Unless the court orders otherwise, the parties may stipulate to how a deposition is taken and may modify other procedures governing or limiting discovery.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text
Also known as: discovery stipulationstipulation