Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceC.R.C.P. 31 offers a slower, written alternative to the oral deposition: a party submits fixed questions in advance, an officer reads them to the witness under oath, and the parties exchange cross, redirect, and re-cross questions on a set schedule.
(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) of this section. The attendance of witnesses may be compelled by the use of subpoena as provided in C.R.C.P. 45.
(2)A party must obtain leave of court, and the court must grant leave to the extent consistent with C.R.C.P. 26(b)(2) if:
(A)a proposed deposition, if taken, would result in more depositions than set forth in the Case Management Order;
(B)the person to be examined already has been deposed in the case;
(C)a party seeks to take a deposition before the time specified in C.R.C.P. 26(d); or
(D)the person to be examined is confined in prison.
(3)A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating:
(A)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
(B)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 provision of C.R.C.P. 30(b)(6).
(4)Within 21 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 14 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 7 days after being served with redirect questions, a party may serve re-cross 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 him.
(c)Notice of Filing. When the deposition is filed the party taking it shall promptly give notice thereof to all other parties.
Amendment History
Amended effective January 1, 1995; January 1, 2012; July 1, 2015.
Plain-English Summary
Rule 31 lets a party depose a witness without anyone attending in person. Instead of live questioning, the party taking the deposition writes out its questions ahead of time and sends them, with notice, to every other party and to the officer who will conduct the deposition. The same limits that apply to oral depositions apply here too: no leave of court is needed unless the deposition would exceed the Case Management Order's cap, the witness has already been deposed, discovery hasn't opened, or the witness is imprisoned.
Other parties get a chance to add their own questions before the deposition happens. They have 21 days to serve cross questions, 14 more days for redirect questions, and 7 more days after that for re-cross questions, unless the court shortens or lengthens those windows for cause. The officer then reads all the questions to the witness in order, records the answers, and certifies and files the transcript following the same procedures used for oral depositions.
Because there's no chance to follow up on an unexpected answer, lawyers rarely choose this method over a live deposition. It tends to show up when a witness's testimony is routine, uncontroversial, or needed only from a distant nonparty who can be reached by subpoena but not easily brought into a conference room.
Frequently Asked Questions
What's the difference between a deposition and a deposition on written questions?
An oral deposition involves live back-and-forth questioning; a deposition on written questions under Rule 31 uses pre-written questions that an officer reads to the witness, with no room for on-the-spot follow-up.
How long do other parties have to add their own questions?
Other parties get 21 days to serve cross questions after the original notice, 14 more days to serve redirect questions, and 7 more days after that for re-cross questions.
Can I depose a nonparty witness with written questions?
Yes. Like an oral deposition, a deposition on written questions can reach a nonparty, and the witness's attendance before the officer can be compelled by subpoena under Rule 45.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 31). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as:deposition on written questionswritten depositioncross questions depositiondeposition by mailrecross questions