Title V: Discovery · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 31 lets a party depose a witness through written questions submitted in advance rather than live oral examination, following a set sequence for cross, redirect, and recross questions before an officer reads them to the deponent and records the answers.
(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)(C) if:
(A)the parties have not stipulated to the deposition and the deponent has already been deposed in the case; or
(B)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.
(c)Notice of completion. The party who noticed the deposition must notify all other parties when it is completed.
(d)Protective orders. After the service of written questions, the court in which the action is pending may make any order specified in Rule 30, or order that the deposition not be taken before the officer designated in the notice or that the deposition must be taken upon oral examination.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Not every deposition needs a lawyer in the room asking questions live. Rule 31 lets a party depose any person, including another party, by serving written questions instead, without needing the court's leave except when the deponent has already been deposed in the case without a stipulation allowing another round, or when the deponent is confined in prison. The party noticing this kind of deposition serves the questions on every other party along with a notice identifying the deponent, or a description of the deponent if unknown, and the name and address of the officer who will conduct the questioning. A public or private corporation, partnership, association, or government agency can be deposed this way too, following the same organizational-designation process used for oral depositions under Rule 30(b)(6).
Once the notice and questions go out, other parties get a chance to weigh in: cross-questions are due within 14 days of the notice and direct questions, redirect questions within 7 days of the cross-questions, and recross-questions within 7 days after that, though the court can shorten or extend those windows for good cause. The noticing party delivers copies of every question and the notice to the officer, who takes the deponent's testimony in response, prepares and certifies the deposition following the same procedures used for oral depositions, and sends the completed deposition to the noticing party along with copies of the questions and notice. That party then has to notify everyone else once the deposition is complete. If a party wants a different approach after written questions have been served, the court can step in and order the deposition taken orally instead, or issue any of the other protective orders available under Rule 30.
Frequently Asked Questions
How is a deposition on written questions different from a regular deposition?
Instead of a lawyer asking questions live, the questions are drafted in advance and served on the other parties, and an officer later reads them to the deponent and records the answers.
When do I need the court's permission to depose someone by written questions?
When the deponent has already been deposed in the case and the parties haven't stipulated to another deposition, or when the deponent is confined in prison.
How much time do other parties get to submit their own questions?
Cross-questions are due within 14 days after the notice and direct questions are served, redirect questions within 7 days after the cross-questions, and recross-questions within 7 days after the redirect questions, unless the court extends or shortens those periods for good cause.
Can a corporation or government agency be deposed by written questions?
Yes, following the same organizational-designation procedure that applies to oral depositions under Rule 30(b)(6).
Can the court change a written-question deposition into an oral one?
Yes. After written questions are served, the court where the action is pending may order that the deposition proceed orally instead, or issue any protective order available under Rule 30.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as:deposition by written questionswritten deposition idaho rulecross questions redirect depositiondepose by interrogatory-style questions