Rule 31.Depositions Upon Written Questions.

Last amended July 1, 2004 · Last verified July 3, 2026

In one sentenceRule 31 lets a party depose a witness by submitting written questions in advance instead of examining the witness live.

Full Text of Rule 31

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

(a) Serving Questions; Notice.

(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.

(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), if the person to be examined is confined in prison or if, without the written stipulation of the parties:

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

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

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

(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) 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.

End

Amendment History

Amended May 17, 1972, effective July 1, 1972

further amended March 16, 1984, partly effective March 16, 1984, fully effective May 1, 1984

further amended July 26, 1990, effective September 1, 1990

further amended January 16, 1991, effective January 16, 1991

further amended May 7, 2004, effective July 1, 2004

Plain-English Summary

A party may take a witness's deposition on written questions without leave of court, unless the witness is confined in prison or, absent a written stipulation, the deposition would push that side past 10 depositions or the witness has already been deposed in the case. The party taking the deposition serves the other parties with a notice naming the witness and the officer who will conduct the deposition. Other parties then get a chance to weigh in: cross questions within 14 days of the original notice, redirect questions within 7 days after that, and recross questions within 7 more days, with the court able to adjust these deadlines for good cause. A deposition on written questions can also be taken of a corporation, partnership, association, or agency the same way as an oral deposition.

The designated officer receives copies of the notice and every set of questions, then takes the witness's testimony in response, following the same procedures for conducting, certifying, and filing the deposition as apply to oral depositions. Once the deposition is filed, the party who took it must promptly notify all the other parties.

Frequently Asked Questions

How is a deposition on written questions different from an oral deposition?

The questions are submitted in writing in advance rather than asked live, and the officer conducting the deposition puts the written questions to the witness and records the answers.

Can other parties respond with their own questions?

Yes. Rule 31(a) gives other parties 14 days to serve cross questions, then 7 more days for redirect questions, and 7 more after that for recross questions, though the court can extend or shorten these deadlines for cause.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 31). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: written deposition questionsdeposition on written questionscross questions redirect