(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 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 14 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 7 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, upon all other parties. The Court may for cause shown enlarge or shorten the time.
Rule 31.Depositions upon written questions
Part V: Depositions and Discovery · Last amended October 26, 1995 · Last verified July 28, 2026
In one sentenceRule 31 lets a party depose a witness through written questions instead of live oral examination, sets a 14-day window for opposing parties to serve cross questions and a 7-day window for redirect questions after that, and directs the officer to take the responses and prepare the record following Rule 30.
Full Text of Rule 31
(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.
Amendment History
Amended, effective July 1, 1970; Jan. 1, 1991; Jan. 1995; Oct. 26, 1995.
Plain-English Summary
After a case begins, any party can depose any person, including another party, using written questions instead of live oral examination. The party taking the deposition serves the questions on every other party along with a notice stating the name and address of the person who's going to answer them, or a general description if the name isn't known, and the name or title and address of the officer who will take the deposition. Rule 31(a) also lets a party depose an organization through written questions using the same designation procedure Rule 30(b)(6) sets out for oral depositions.
Once the notice and questions are served, other parties have 14 days to serve cross questions, and 7 days after being served with cross questions to serve redirect questions, with a further round of questions due within 7 days after that. The court may enlarge or shorten any of these times for cause. Rule 31(b) then has the taking party deliver the notice and all the questions to the designated officer, who takes the witness's testimony in response to them and prepares, certifies, and files or mails the deposition following the same procedures Rule 30 sets out for oral depositions. Rule 31(c) requires the party who took the deposition to promptly notify everyone else once it's filed.
Frequently Asked Questions
How is a deposition on written questions different from an oral deposition?
Instead of an attorney questioning the witness live, the party taking the deposition delivers written questions to the officer, who puts them to the witness and records the answers, following the procedures Rule 30 sets out for oral depositions.
How long do I have to serve cross questions after receiving notice and the direct questions?
Rule 31(a) gives 14 days after the notice and written questions are served, unless the court enlarges or shortens that time for cause.
How much time do I get to serve redirect questions?
Rule 31(a) allows 7 days after being served with cross questions, with a further round of questions due within 7 days after that.
Can I depose a corporation using written questions instead of an oral examination?
Yes. Rule 31(a) allows a deposition upon written questions of a corporation, partnership, association, or governmental agency using the same designation procedure Rule 30(b)(6) provides for oral depositions.
Who asks the witness the written questions?
The officer designated in the notice. Rule 31(b) has that officer take the testimony in response to the questions delivered, then certify and file or mail the completed deposition.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: deposition on written questions delawarewritten deposition cross questions delawaredelaware rule 31 civil proceduredepose witness without oral exam delaware