Rule 1-029.Stipulations regarding discovery procedure
Last verified June 26, 2026
In one sentenceRule 1-029 lets the parties, by written stipulation, change how depositions are taken and modify the procedures for other discovery methods, unless the court orders otherwise.
Full Text of Rule 1-029
Unless the court orders otherwise, or previous orders of the court conflict, the parties may by written stipulation:
A. 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
B. modify the procedures provided by these rules for other methods of discovery.
End
Plain-English Summary
This short rule gives the parties room to tailor discovery. Unless the court orders otherwise or prior orders conflict, the parties may agree in writing that depositions be taken before any person, at any time or place, on any notice, and in any manner—and depositions so taken may be used like any other. By the same written stipulation, the parties may modify the procedures these rules provide for other discovery methods.
Frequently Asked Questions
Can parties change the discovery rules by agreement?
Yes. By written stipulation, and unless the court orders otherwise, the parties may alter how depositions are taken and modify the procedures for other discovery methods.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-029 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as: discovery stipulationsstipulationsmodify discovery procedure