Rule 31.Deposition of Witnesses Upon Written Questions
Part V. Depositions and Discovery · Last amended July 1, 1989 · Last verified September 4, 2026
Full Text of Rule 31
Rule History
Amended January 30, 1989, effective March 1, 1989; amended June 8, 1989, effective July 1, 1989.
Plain-English Summary
Rule 31 is identical to its civil counterpart and the source says so before subsection (a). It is the quieter alternative to Rule 30: the questions are written in advance and the officer puts them to the witness.
The sequence
After the action is commenced, any party may take testimony this way, from anyone including a party. The questions are served on every other party with a notice giving the name and address of the person to answer — or a description sufficient to identify them — and the name or descriptive title and address of the officer.
Then a fixed exchange runs:
- 30 days after the notice and questions are served, to serve cross questions;
- 10 days after being served with cross questions, to serve redirect questions;
- 10 days after being served with redirect questions, to serve recross questions.
The court may enlarge or shorten any of it for cause shown. Rule 32(d)(3)(C) supplies the sanction for silence: objections to the form of written questions are waived unless served within the time allowed for the next set of questions and within 5 days after the last authorized questions.
Mechanics
Attendance may be compelled by subpoena under Rule 45. The deposition of a person confined in prison may be taken only by leave of court — note that Rule 31 mentions the prisoner but not the minor child that Rule 30(a) adds. An organization may be deposed on written questions under Rule 30(b)(6).
Subsection (b) sends the notice and all questions to the officer named, who proceeds under Rule 30(c), (e) and (f) to take the testimony, prepare, certify and deliver the deposition, attaching the notice and questions received. Subsection (c) requires the party taking it to give prompt notice of receipt to all other parties.
Frequently Asked Questions
How long do I have to serve cross questions?
Within 30 days after the notice and written questions are served. Redirect questions follow within 10 days after service of cross questions, and recross questions within 10 days after service of redirect questions. The court may enlarge or shorten the time for cause shown.
Can an organization be deposed on written questions?
Yes. Rule 31(a) provides that a deposition upon written questions may be taken of a public or private corporation, partnership, association or governmental agency in accordance with Rule 30(b)(6).
When are objections to the form of written questions waived?
Under Rule 32(d)(3)(C), unless they are served in writing on the party propounding them within the time allowed for serving the succeeding cross or other questions, and within 5 days after service of the last questions authorized.
Who actually asks the questions?
The officer designated in the notice. Rule 31(b) requires the party taking the deposition to deliver the notice and copies of all questions to that officer, who proceeds in the manner provided by Rule 30(c), (e) and (f).