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 Rules 30.03, 30.05 and 30.06, 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 him. Neither party or his agent or attorney shall be present at the examination of the witness.
Rule 31.02.Officer to take responses and prepare record.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRequires the party taking a deposition upon written questions to deliver the notice and all questions to the designated officer, who takes the testimony in response, certifies and files or mails the deposition following Rules 30.03, 30.05, and 30.06, all without either party or counsel present at the examination.
Full Text of Rule 31.02
Amendment History
(Amended effective October 1, 1971.)
Plain-English Summary
After the written questions and any cross, redirect, and recross questions have all been served, someone has to put those questions to the witness. This rule assigns that job to the officer named in the original notice. The party who is taking the deposition delivers a copy of the notice and copies of every question served to that officer.
The officer then proceeds on their own, following the same procedures used for oral depositions under Rules 30.03, 30.05, and 30.06 — taking the witness's testimony in response to the written questions, certifying the deposition, and filing or mailing it, with the notice and questions attached. Because the questions were already worked out and served in advance, there is no live cross-examination happening in the room: neither party, nor their agent or attorney, may be present while the officer examines the witness.
Frequently Asked Questions
Can my attorney attend the examination for a deposition on written questions?
No. The rule specifically provides that neither party nor their agent or attorney may be present at the examination of the witness in a deposition upon written questions.
Who asks the witness the written deposition questions?
The officer designated in the notice does. The party taking the deposition delivers the notice and all served questions to that officer, who then takes the witness's testimony in response to them.
What procedures does the officer follow when taking a deposition on written questions?
The officer proceeds in the manner provided by Rules 30.03, 30.05, and 30.06, then certifies the deposition and files or mails it along with the notice and questions received.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 31.02). 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: who attends a written deposition examinationofficer taking written deposition questionsfiling a deposition upon written questionsno attorneys present at depositionprocedure after cross and redirect questions served