Rule 31.Depositions Upon Written Questions.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 31 allows a deposition on written questions, with cross questions due in 14 days and redirect and recross on 7-day intervals.

Full Text of Rule 31

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

(a) (a) Serving questions; notice.

(1) (1) After commencement of the action, 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). The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 45 of these Rules.

(2) (2) A party must obtain leave of court, which shall be granted to the extent consistent with the principles stated in Rule 26(b)(2) of these Rules, if the person to be examined is confined in prison or if, without the written stipulation of the parties:

(A) (A) A proposed deposition would result in more than ten depositions being taken under this rule or Rule 30 of these Rules by the plaintiffs, or by the defendants, or by third-party defendants; or

(B) (B) The person to be examined has already been deposed in the case.

(3) (3) A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating

(A) (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) (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 provisions of Rule 30(b)(6) of these Rules.

(4) (4) 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, a party may serve recross questions upon all other parties. The court may for cause shown enlarge or shorten the time.

(b) (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) of these Rules, 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) (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

The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.

Plain-English Summary

The same ten-deposition ceiling and the same leave requirements as oral depositions apply here, counted across Rules 30 and 31 together. Leave is needed where the deponent is confined in prison, where the ceiling would be exceeded, or where the person has already been deposed in the case.

The questions are served on every other party with a notice giving the name and address of the person who is to answer, or a description sufficient to identify them or their class if the name is unknown, and the name or descriptive title and address of the officer who will take the deposition. An organization may be deposed this way.

The exchange runs on a fixed schedule: cross questions within 14 days after the notice and questions are served, redirect within 7 days after the cross questions, and recross within 7 days after the redirect. The court may shorten or lengthen those periods. Copies of everything go to the officer, who takes the responses, prepares the record, and the party taking the deposition gives prompt notice of filing to everyone else.

Frequently Asked Questions

What is a deposition on written questions?

Testimony taken under oath before an officer, where the questions are served in advance in writing rather than asked in person.

How long do I have to serve cross questions?

14 days after the notice and written questions are served.

What is the schedule after cross questions?

Redirect questions within 7 days after service of the cross questions, and recross within 7 days after the redirect. The court may alter these periods.

Do written depositions count toward the ten-deposition limit?

Yes. The ceiling counts depositions under Rules 30 and 31 together.

Can an organization be deposed on written questions?

Yes, with the matters for examination described as in Rule 30(b)(6).

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 31). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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