Rule 31.Depositions by Written Questions

Last amended December 1, 2015 · Last verified June 30, 2026

In one sentenceRule 31 allows a deposition by written questions: a party serves written questions on the others, who may serve cross, redirect, and recross questions, and an officer then puts the questions to the witness and records the answers.

Full Text of Rule 31

Text sizeJump to: (a) (b) (c)

(a) When a Deposition May Be Taken.

(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 party seeks to take a deposition before the time specified in Rule 26(d); or

(B) if the deponent is confined in prison.

(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.

(1) Completion. The party who noticed the deposition must notify all other parties when it is completed.

(2) Filing. A party who files the deposition must promptly notify all other parties of the filing.

End

Amendment History

(Amended March 30, 1970, effective July 1, 1970; March 2, 1987, effective August 1, 1987; April 22, 1993, effective December 1, 1993; April 30, 2007, effective December 1, 2007; April 29, 2015, effective December 1, 2015.)

Plain-English Summary

Rule 31 is a lower-cost cousin of the oral deposition. Instead of attorneys questioning a witness live, a party prepares written questions and serves them on the other parties, who may respond with their own cross questions, then redirect, then recross. The full set of questions goes to a deposition officer.

The officer takes the witness’s testimony in response to the questions and prepares and certifies the transcript, just as in an oral deposition. Written-question depositions are most useful for routine matters or for a distant witness — for example, authenticating records — where the expense of a live deposition is not warranted. The same numerical limits and leave requirements that apply to oral depositions apply here.

Frequently Asked Questions

What is a deposition by written questions?

A deposition in which the parties submit written questions in advance and an officer asks them of the witness and records the answers, rather than examining the witness live (Rule 31).

Can other parties respond to the written questions before the deposition?

Yes. Other parties may serve cross questions, and the original party may then serve redirect questions, followed by recross — all before the full set goes to the deposition officer.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 31), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 31Fed. R. Civ. P. 31deposition by written questions