Last amended October 1, 1995 · Last verified July 6, 2026
In one sentenceRule 31 lets a party depose a witness by submitting written questions in advance rather than appearing in person, with other parties allowed to add their own written cross, redirect, and recross questions before an officer reads them all to the witness and records the answers.
(a)Serving Questions; notice. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 45. The deposition of a person confined in prison may be taken only by leave of court and on such terms as the court prescribes.
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).
Within fifteen (15) days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within ten (10) days after being served with cross questions, a party may serve redirect questions upon all other parties. Within five (5) 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.
Any other party to the action shall, within the time allowed to file cross questions, have the right to demand reasonable notice of the time and place of taking the testimony and to attend such examination and cross-examine the witness or witnesses orally. In the event of such oral cross-examination, the party taking the deposition may at the same time and place on the conclusion of such oral cross-examination examine the witness orally in rebuttal.
(b)Officer to take responses and prepare record. A copy of a 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.
(dc)District court rule. Rule 31 applies in the district courts in those instances when a deposition on written questions is permitted by Rule 26(dc).
The taking of depositions upon written questions was covered at Tit. 7, § 459, Code of Ala. This provision differs from the Federal Rule 31 in that it gives the party receiving notice of such a deposition the opportunity to attend the deposition in person and examine the witness orally. This right is invoked by making demand upon the person taking the deposition of the time and place of the taking of the testimony. In the event this right is invoked, of course, the party taking the deposition also has the right to attend the deposition and examine the witness orally in rebuttal.
This rule provides an alternative method of taking depositions which a party, in his option, may employ, rather than taking the deposition or oral examination as provided for in Rule 30. Depositions on written questions, authorized by this rule, should be carefully distinguished from the written interrogatories to a party authorized by Rule 33.
Committee Comments to October 1, 1995, Amendment to Rule 31
The amendment is technical. No substantive change is intended.
Plain-English Summary
Rule 31 offers a paper-based alternative to the standard oral deposition. Instead of a lawyer sitting across from the witness asking questions live, the deposing party writes out its questions ahead of time and serves them, along with a notice identifying the witness and the officer who will conduct the session. Other parties then get their own turn on paper: fifteen days to serve cross questions, ten more days for the deposing party to serve redirect questions, and five more days after that for recross. An officer — the same kind of person who presides over an oral deposition — ultimately reads all the accumulated questions to the witness in order and records the answers, producing a transcript in much the same form as an oral deposition would.
This method trades flexibility for savings. It can spare a party the time and expense of sending a lawyer to question a witness who lives far away or whose testimony is expected to be routine, since no one needs to travel to conduct it. But because the questions are locked in before anyone hears the answers, there is no chance to follow up on a surprising response the way a lawyer could in an oral deposition. Any party who wants that flexibility back can demand notice of the time and place of the session and show up to cross-examine the witness live, which the deposing party can then answer with its own live follow-up questions. For that reason, Rule 31 tends to get used sparingly, mostly for routine or unopposed testimony, while contested or high-stakes witnesses are still deposed the traditional oral way under Rule 30.
Frequently Asked Questions
How is a deposition on written questions different from regular interrogatories?
Interrogatories under Rule 33 go only to parties and are answered in writing by the party itself. A deposition on written questions under Rule 31 can be used on any witness, including a non-party, and it produces a transcript of oral answers given to an officer, not written answers signed by the witness.
Can I still cross-examine the witness if the other side takes their deposition on written questions?
Yes. Any party can demand reasonable notice of the time and place of the session and show up to cross-examine the witness in person, and the party who took the deposition can then follow up with its own oral questions in rebuttal.
Why would a lawyer choose written questions over a regular deposition?
It is usually about cost and convenience — avoiding travel to question a distant or minor witness whose testimony is not expected to be contested. It works best for routine information rather than testimony likely to require follow-up.
How much time do the parties get to add their own questions?
Other parties have fifteen days after service of the original questions to serve cross questions, the deposing party then has ten days to serve redirect questions, and other parties get five more days to serve recross questions, unless the court shortens or extends those periods for good cause.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 31). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as:deposition on written questionswritten deposition questions procedurecross questions redirect recross depositionAla. R. Civ. P. 31