Rule 1.710.Depositions on written interrogatories
Division VII: Depositions and Perpetuating Testimony · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.710
Comment
Rules 1.710(2) and 1.710(3) allow all parties, not just those who are adversaries to the party taking the deposition, to serve written interrogatories, elect to appear and orally cross-examine the witness, and receive notice.
Plain-English Summary
Rule 1.710(1) opens the process: a party may take a deposition on written interrogatories by first serving every other party not in default for failure to appear with copies of the interrogatories and a notice naming the officer who will take the deposition and identifying each deponent.
From there, Rule 1.710(2) sets a strict cascade for responding parties: cross-interrogatories within ten days after the notice, redirect interrogatories within five days after that service, and recross interrogatories within three days after that. On application, the court can shorten or lengthen any of these periods for good cause shown.
Rule 1.710(3) offers an alternative within the cross-interrogatory window: a party may elect to appear and orally cross-examine the deponent instead, by serving notice of that election on the party taking the deposition and everyone else. The party taking the deposition then has five days to notify all parties of the date, hour, and place, allowing reasonable time to attend. A party may even waive the original written interrogatories entirely and examine the deponent orally.
As the official Comment explains, this cascading right — serving interrogatories, electing oral cross-examination, and receiving notice — belongs to every party in the case, not only to the party adverse to whoever is taking the deposition.
Frequently Asked Questions
What is a deposition on written interrogatories?
Instead of live examination, one party serves written questions that the officer taking the deposition poses to the deponent, recording the answers.
How much time do I have to serve cross-interrogatories?
Rule 1.710(2) gives you ten days after the original notice, with redirect interrogatories due five days after that service and recross interrogatories due three days after redirect.
Can I skip written cross-interrogatories and cross-examine the witness in person instead?
Yes. Rule 1.710(3) lets you elect oral cross-examination within the cross-interrogatory window by serving notice, after which the party taking the deposition has five days to schedule the in-person session.
Does the right to serve interrogatories and cross-examine belong only to the party being sued?
No. The official Comment confirms that all parties, not just adversaries of the party taking the deposition, may serve interrogatories, elect oral cross-examination, and receive notice under this rule.
Can the ten-day, five-day, and three-day interrogatory deadlines in Rule 1.710 be changed?
Yes. Rule 1.710(2) lets the court shorten or enlarge any of those deadlines on application of a party, if good cause is shown.