(a)Serving Questions; Notice. When discovery is permitted by the Court, 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 on such terms as the Court prescribes. A party desiring to take 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 that 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 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 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 manner provided by Rule 30(c), (e), and (f), to take testimony of the witness in response to the questions and to prepare, certify and file, with a party and/or the Court if required, 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
Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.
[Amended effective September 3, 1996.]
Plain-English Summary
The quieter alternative to Rule 30. Where discovery is permitted and after the action has commenced, any party may take testimony by deposition on written questions, serving the questions with a notice naming the deponent and the officer before whom it will be taken.
How it runs. The party taking the deposition delivers a copy of the notice and of all the questions served to the officer, who then takes the testimony, prepares the record and certifies it in the manner Rule 30 provides.
Notice of filing. When the deposition is filed, the party who took it promptly notifies every other party.
Nobody attends and nobody follows up, which is exactly the trade: written questions are cheap and travel well, and they are useless for anything that depends on the next question.
Frequently Asked Questions
What is a deposition on written questions?
A deposition where the questions are served in advance and put to the witness by the officer, who prepares and certifies the record. No party attends to ask follow-up questions.
Do I have to tell the other side it was filed?
Yes. When the deposition is filed, the party taking it promptly gives notice to all other parties.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 31), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:deposition on written questions DelawareFam. Ct. Civ. R. 31