Rule 31.Deposition of witnesses upon written questions
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 31 lets a party depose any person — including another party or an organization — through written questions submitted via a notice process, with built-in rounds for cross, redirect, and recross questions in place of live oral examination.
(A)Serving questions--Notice. After commencement of the action, any party may take the testimony of any person, includ- ing a party, by deposition upon written questions. The attendance of witnesses may be com- pelled by the use of subpoena as provided in Rule 45. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating:
(1)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 him or the particular class or group to which he belongs; and
(2)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 an organization, including a gov- ernmental organization, or a partnership in accordance with the provisions of Rule 30(B)(6). Within twenty [20] days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within ten [10] days after being served with cross questions, a party may serve redirect questions upon all other parties. Within ten [10] 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 man- ner 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 deliver the deposition, attaching thereto the copy of the notice and the questions received by him, in accordance with Rule 5(E).
(C)Notice of filing. When the deposition is filed the party taking it shall promptly give notice thereof to all other parties.
Amendment History
This rule’s current text took effect January 1, 2005. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 31 offers an alternative to the oral deposition procedure in Rule 30: instead of a live question-and-answer session, the party taking the deposition submits written questions in advance, and an officer reads them to the witness and records the answers. Like an oral deposition, it can target any person after the lawsuit begins, including a party, and a subpoena under Rule 45 can compel a reluctant witness to attend. A person confined in prison can only be deposed this way with the court’s advance permission, on whatever terms the court sets.
Section A explains how to start one. The party taking the deposition serves written questions on every other party along with a notice identifying the witness — by name and address if known, or by a description specific enough to identify them otherwise — and naming the officer who will conduct the examination. An organization or partnership, including a government entity, can be deposed this way too, using the same representative-designation procedure described in Rule 30(B)(6). Once the first round of questions goes out, the rule builds in a sequence for follow-up: other parties get twenty days to serve cross questions, then ten days after that to serve redirect questions, then another ten days for recross questions, with the court able to shorten or lengthen any of those windows for good cause.
Section B hands the mechanical work to the officer named in the notice. The party taking the deposition delivers copies of the notice and every question served to that officer, who then takes the witness’s testimony and prepares, certifies, and delivers the completed deposition — following the same procedures Rule 30 uses for the examination, the witness’s review and signature, and certification — before filing it under Rule 5(E). Section C closes the loop: once the deposition is filed, the party who took it must promptly tell everyone else it has been filed.
Written-question depositions trade the give-and-take of live cross-examination for lower cost and less scheduling hassle, since no one has to travel to sit across from the witness. The tradeoff shows up when a witness is evasive or the topic calls for follow-up questions in the moment — a written-question deposition cannot pivot the way an oral one can, since every new question has to wait for the next round in the cross, redirect, and recross sequence.
Frequently Asked Questions
How is a deposition on written questions different from an oral deposition under Rule 30?
Instead of an attorney questioning the witness directly, the party taking the deposition submits written questions in advance, and the officer conducting the deposition reads them to the witness and records the answers. Other parties respond with their own written cross, redirect, and recross questions on a set schedule rather than by objecting or following up in real time.
Can I depose a company or government office using written questions in Indiana?
Yes. Rule 31(A) allows a deposition upon written questions to be taken of an organization, including a governmental organization, or a partnership, using the same representative-designation procedure that governs oral depositions of organizations under Rule 30(B)(6).
How long do I have to send cross questions after receiving a deposition notice under Rule 31?
Twenty days from when the notice and the original written questions were served. After that, anyone who received cross questions has ten days to serve redirect questions, and ten more days after that for recross questions. A court can shorten or extend any of those deadlines for cause.
Who asks the witness the questions in a Rule 31 deposition?
The officer named in the notice does. The party taking the deposition delivers the notice and all the questions to that officer, who then puts the questions to the witness, records the answers verbatim, and prepares the certified deposition.
Does a deposition taken on written questions need to be filed with the court?
The officer handling the deposition delivers it following the same filing procedure used for oral depositions under Rule 5(E), and once it is filed, Rule 31(C) requires the party who took the deposition to promptly notify every other party.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 31). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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