Rule 31.Depositions Upon Written Questions.

Last amended July 15, 1995 · Last verified July 6, 2026

In one sentenceRule 31 lets a party depose a witness using written questions submitted through an officer instead of an in-person oral examination.

Full Text of Rule 31

Text sizeJump to: (a) (b) (c)

(a) Serving Questions; Notice.

(1) A party may take the testimony of any person, including a party, by deposition upon written questions without leave of court except as provided in paragraph (2). The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 45.

(2) A party must obtain leave of court, which shall be granted to the extent consistent with the principles stated in Rule 26(b)(2), if the person to be examined is confined in prison or if, without the written stipulation of the parties,

(A) a proposed deposition would result in more than three depositions being taken under this rule or Rule 30 by the plaintiffs, or by the defendants, or by third-party defendants, of witnesses other than:

(i) parties, which means any individual identified as a party in the pleadings and any individual whom a party claims in its disclosure statements is covered by the attorney-client privilege;

(ii) independent expert witnesses expected to be called at trial;

(iii) treating physicians; and

(iv) document custodians whose depositions are necessary to secure the production of documents or to establish an evidentiary foundation for the admissibility of documents;

(B) the person to be examined already has been deposed in the case; or

(3) A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating (1) the name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs, and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Rule 30(b)(6).

(4) Within 30 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 10 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 10 days after being served with redirect questions, a party may serve recross questions upon all other parties. The court may for cause shown enlarge or shorten the time.

(b) Officer to Take Responses and Prepare Record. A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30(c), (e), and (f), to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by the officer.

(c) Notice of Filing. When the deposition is filed the party taking it shall promptly give notice thereof to all other parties.

End

Amendment History

(Adopted by SCO 5 October 9, 1959; amended by SCO 158 effective February 15, 1973; by SCO 888 effective July 15, 1988; by SCO 1153 effective July 15, 1994; and by SCO 1172 effective July 15, 1995)

Plain-English Summary

A party may depose any person by written questions without court permission, subject to the same limits that apply to oral depositions under Rule 30: permission is required for a witness in prison, for a side's fourth deposition against certain categories of witnesses, for a witness already deposed, or for one sought before discovery would normally open. The party taking the deposition serves written questions along with a notice identifying the witness and naming the officer who will take the responses; a deposition on written questions can also target an organization under the same procedure used for oral depositions. Other parties then have 30 days to serve cross questions, 10 days after that to serve redirect questions, and 10 more days to serve recross questions, though the court can shorten or lengthen those windows for good cause.

The officer who receives the notice and questions takes the witness's testimony in response, following the same procedures for recording, witness review, and certification that apply to oral depositions, then files or mails the completed deposition along with copies of the notice and questions. The party who took the deposition must promptly notify every other party once it's filed.

Frequently Asked Questions

How is a deposition by written questions different from a regular deposition?

Instead of a lawyer questioning the witness in person, the parties submit written questions in advance and an officer puts them to the witness and records the answers.

Can other parties add their own questions to a deposition on written questions?

Yes — they can serve cross questions within 30 days, redirect questions within 10 days after that, and recross questions within 10 more days.

Does a party need the court's permission to take a deposition on written questions?

Usually not, though permission is required in the same limited situations that apply to oral depositions, such as a witness already in prison or a side's fourth deposition of certain witnesses.

Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 31). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: deposition by written questions Alaskacross questions redirect deposition Alaska ruleAlaska R. Civ. P. 31