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Rule 31.01.Serving questions -- Notice.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceAuthorizes taking testimony from any person by deposition upon written questions after a party serves the proposed questions and a notice identifying the witness and the officer, then sets a 30-day window for cross questions and successive 10-day windows for redirect and recross questions.

Full Text of Rule 31.01

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(1) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled 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.
(2) 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 him or the particular class or group to which he 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 30.02 (6).
(3) Within 30 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 10 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 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.

Amendment History

(Amended effective October 1, 1971.)

Plain-English Summary

Not every deposition needs a lawyer sitting across the table asking questions live. This rule lets a party take testimony from any person, including another party, through written questions submitted in advance instead. The witness's attendance can be compelled with a subpoena under Rule 45, and if the witness is confined in prison, the deposition can happen only with the court's permission and on whatever terms the court sets.

To start, the party wanting to depose someone this way serves the written questions on every other party along with a notice. That notice has to identify who is going to answer — by name and address if known, or by a description specific enough to identify the person or the group they belong to — and it has to name or describe the officer who will take the deposition and give that officer's address. A corporation, partnership, association, or government agency can be deposed this way too, following the same procedure Rule 30.02(6) uses for organizational depositions taken orally.

After the initial questions are served, other parties get a structured chance to add their own. Cross questions are due within 30 days of service of the notice and questions. Once cross questions are served, redirect questions are due within 10 days. And once redirect questions are served, recross questions are due within 10 days after that. A court can lengthen or shorten any of these deadlines for good cause.

Frequently Asked Questions

What is a deposition upon written questions?

It is a way to take a witness's testimony without a live examination: a party serves written questions on every other party along with a notice identifying the witness and the officer who will take the deposition, and the officer later puts those questions to the witness.

How long do I have to submit cross questions in a deposition on written questions?

Cross questions must be served within 30 days after the original notice and written questions are served. Redirect questions are then due within 10 days after cross questions are served, and recross questions within 10 days after redirect questions are served.

Can a prisoner be deposed by written questions?

Yes, but only by leave of court and on whatever terms the court prescribes, since the rule specifically limits depositions of a person confined in prison this way.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 31.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: deposition upon written questionswritten deposition questions procedurecross questions deadline depositiondeposing a prisonerredirect and recross questionsdeposing a corporation by written questions