Group V: Disclosures and Discovery · Last amended 2017 · Last verified July 14, 2026
In one sentenceRule 31 lets a party depose a witness through written questions delivered to an officer instead of live oral examination, following the same leave-of-court limits as Rule 30 while adding a fixed sequence of deadlines for cross, redirect, and recross questions from the other parties.
(1)Without Leave. A party may, by written questions, depose any person, including a party, without leave of court except as provided in Rule 31(a)(2). The deponent’s attendance may be compelled by subpoena under Rule 45.
(2)With Leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(1) and (2):
(A)if the parties have not stipulated to the deposition and:
(i)the deposition would result in more than 10 depositions being taken under this rule or Rule 30 by the plaintiffs, or by the defendants, or by the third-party defendants;
(ii)the deponent has already been deposed in the case; or
(iii)the plaintiff seeks to take a deposition before the expiration of 30 days after service of the summons and complaint upon any defendant or 70 days in any case involving the District of Columbia or its officer or agency, or the United States or its officer or agency; or
(B)if the deponent is confined in prison; except
(C)leave is not required under Rule 31(a)(2)(A)(iii) if:
(i)a defendant has served a notice of taking deposition or otherwise sought discovery; or
(ii)the plaintiff’s notice states that the deponent is expected to be out of the District of Columbia and more than 25 miles from the place of trial and be unavailable for examination unless the person's deposition is taken before expiration of the 30-day or 70-day period, and sets forth facts to support the statement.
(3)Service; Required Notice. A party who wants to depose a person by written questions must serve them on every other party, with a notice stating, if known, the deponent’s name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must also state the name or descriptive title and the address of the officer before whom the deposition will be taken.
(4)Questions Directed to an Organization. A public or private corporation, a partnership, an association, or a governmental agency may be deposed by written questions in accordance with Rule 30(b)(6).
(5)Questions from Other Parties. Any questions to the deponent from other parties must be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 7 days after being served with cross-questions; and recross-questions, within 7 days after being served with redirect questions. The court may, for good cause, extend or shorten these times.
(b)DELIVERY TO THE OFFICER; OFFICER’S DUTIES. The party who noticed the deposition must deliver to the officer a copy of all the questions served and of the notice. The officer must promptly proceed in the manner provided in Rule 30(c), (e), and (f), to:
(1)take the deponent’s testimony in response to the questions;
(2)prepare and certify the deposition; and
(3)send it to the party, attaching a copy of the questions and of the notice.
(c)FILING. The deposition must not be filed except as provided in Rule 5(d).
Comments
2017 Amendments:
This rule is substantially similar to Federal Rule of Civil Procedure 31, as amended in 2007 and 2015, except that: 1) the time period in subsection (a)(2)(A)(iii) reflects local practice; 2) exceptions to the restriction in subsection (a)(2)(A)(iii) have been moved to new subsection (a)(2)(C) and continue to reflect the 25-mile subpoena range of this court; and 3) section (c) prohibits the filing of a deposition except as permitted in Rule 5(d).
Comment:
SCR Civil 31 is largely identical to Federal Rule of Civil Procedure 31 except that there is no cross-reference in subparagraph (a)(2)(C) to Rule 26, since the changes in that Rule have not been adopted herein, and that subparagraph restricts the taking of depositions within 30 days of the service of the summons and complaint or within 70 days after service of the summons and complaint in the case of the United States or the District of Columbia. Additionally, paragraph (b) provides that the deposition shall not be filed and paragraph (c) has been deleted in its entirety.
Plain-English Summary
Rule 31(a) mirrors Rule 30's structure for when leave of court is required: no leave is needed for an ordinary written-question deposition, but a party must get leave — which the court must grant if consistent with Rule 26's scope and limits — whenever the parties have not stipulated to the deposition and a side has already taken 10 depositions in the case, the same person has already been deposed, or a plaintiff seeks an early deposition before 30 days after serving any defendant, or 70 days in a case against the District of Columbia or the federal government. The same exceptions apply: a defendant who has already sought discovery removes the early-deposition restriction, as does a showing that the deponent is expected to be more than 25 miles from trial and unavailable unless deposed promptly. Leave is likewise required for a deponent confined in prison.
Because no one presides over a live examination, the notice for a written-question deposition must identify the officer by name or descriptive title and address, along with the deponent's name and address or a description sufficient to identify them. An organization can be deposed by written questions the same way it would be under Rule 30(b)(6). Once the direct questions are served, Rule 31(a)(5) sets a cascading schedule for the other parties to respond: cross-questions are due within 14 days of the notice and direct questions, redirect questions within 7 days of the cross-questions, and recross-questions within 7 days of the redirect questions, though the court can shorten or extend those windows for good cause.
The noticing party delivers copies of all the served questions and the notice to the officer, who takes the deponent's testimony in response, prepares and certifies the deposition following the same procedures Rule 30 uses for certification and filing, and sends the completed deposition to the party along with the questions and notice. Rule 31(c) bars filing the deposition with the court except as Rule 5(d) allows.
Frequently Asked Questions
How is a written-question deposition different from an oral deposition?
Instead of an attorney questioning the witness live, the parties serve written questions on each other, which are delivered to an officer who asks the deponent those questions and records the answers. Rule 31(b) governs how the officer takes and certifies that testimony.
Do I need the court's permission to depose someone by written questions?
Not usually. Rule 31(a)(1) allows it without leave except when a deponent is confined in prison or, absent a stipulation between the parties, in the situations Rule 31(a)(2) lists — more than 10 depositions already taken per side, the deponent already deposed once, or an early deposition sought before the 30-day or 70-day waiting period runs.
How long do other parties have to submit their own questions to the same witness?
Rule 31(a)(5) gives 14 days after the notice and direct questions are served for cross-questions, 7 days after the cross-questions for redirect questions, and 7 days after the redirect questions for recross-questions, unless the court extends or shortens those times for good cause.
Can I depose an organization using written questions?
Yes. Rule 31(a)(4) allows a corporation, partnership, association, or governmental agency to be deposed by written questions the same way it would be deposed orally under Rule 30(b)(6).
Do I have to file the deposition with the court?
No, not as a matter of course. Rule 31(c) states the deposition must not be filed except as provided in Rule 5(d).
Source & verification. Rule text and official Comments are
reproduced verbatim from the District of Columbia Superior Court Rules of Civil
Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026.
· Official source
Also known as:dc deposition written questions rule 31dc rule 31 cross questions deadlinewritten deposition dc superior courtdepose by written questions instead of oral