§29.7 Significant Authorities

• Jurisdiction: Washington

§29.7SIGNIFICANT AUTHORITIES

Although this aspect of the rules relating to discovery is not frequently litigated, there are several cases that demonstrate that CR 29 can and should be applied in developing a discovery plan in any lawsuit. Likewise, there are numerous comparable federal cases involving Fed. R. CIV. P. 29 that support the same conclusion.

(1)Washington

Use of discovery stipulations is tacitly endorsed. Lybbert v. Grant County, 141Wn.2d29,51n.l, lP.3d 1124(2000)(Madsen, J.,dissenting).

Parties may stipulate to the use of a deposition for any purpose. See Pimentel v. Roundup Co., 32 Wn.App. 647, 655-56, 649 P.2d 135 (1982) (enforcing stipulation allowing for use of deposition of expert witness for all purposes under civil rules, including at trial), aff'd, 100 Wn.2d 39, 51, 666P.2d888 (1983).

Parties may stipulate to take a deposition after the discovery cutoff date. SeeArero v. Bazley, No. 64123-9-1,2010 WL 4159308, at *2 (Wash. App. Oct. 25, 2010) (deposition of witness took place after discovery cutoff date pursuant to stipulation of the parties).

(2)Federal

Courts encourage parties to mutually work out discovery complications. See, e.g., Curtis v....