Chapter V: Depositions and Discovery · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 31 lets a party depose a witness through written questions read by a designated officer instead of live oral examination, with fixed deadlines for the other side to serve cross, redirect, and recross questions.
(a)Serving Questions; Notice. 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 by law. 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 a public or private corporation or a partnership or association or governmental agency in accordance with Rule 30(b)(6).
Within thirty days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within ten days after being served with cross questions, a party may serve redirect questions upon all other parties. Within ten 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 manner 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 file or mail the deposition, attaching, thereto the copy of the notice and the questions received by him.
Plain-English Summary
Rule 31 offers an alternative to the oral deposition in Rule 30: a party can take testimony from any person, including another party, by serving written questions rather than appearing in person to ask them. The party noticing the deposition must serve the questions on every other party along with a notice giving the witness's name and address (or a description sufficient to identify the person) and naming the officer who will administer the questions and take down the answers. As under Rule 30, an organization can be deposed this way too, following the designation procedure in Rule 30(b)(6).
The rule's real structure lies in its sequence of deadlines. After the original questions are served, any other party has thirty days to serve cross questions. Once cross questions are served, the responding party has ten days to serve redirect questions, and after that, ten more days to serve recross questions. The court can lengthen or shorten any of these periods for cause shown, which matters when a witness's availability or a filing deadline puts pressure on the usual timetable.
Once all the questions are in hand, the designated officer takes over: subsection (b) directs the officer to receive the notice and every question served, then to take the witness's testimony in response, following the same procedures Rule 30 sets out for recording, submitting the transcript to the witness, and certifying the deposition. The officer must then file or mail the completed deposition along with copies of the notice and the questions received.
Frequently Asked Questions
What is a deposition upon written questions and how does it differ from an oral deposition?
Instead of a live examination, the party taking the deposition serves written questions on every other party, and a designated officer reads those questions to the witness, records the answers, and prepares the transcript. It follows the same recording, transcript, and certification procedures as an oral deposition under Rule 30.
How long do I have to serve cross questions after receiving the original written questions?
Rule 31(a) gives you thirty days after the notice and written questions are served to serve cross questions on the other parties.
Can I follow up with redirect and recross questions?
Yes. After cross questions are served, the responding party has ten days to serve redirect questions, and after redirect questions are served, ten more days to serve recross questions. The court may enlarge or shorten these periods for cause shown.
Can I take a written-question deposition of a corporation instead of an individual?
Yes. Rule 31(a) allows a deposition upon written questions to be taken of a public or private corporation, partnership, association, or governmental agency in accordance with the designation procedure in Rule 30(b)(6).
Who asks my written questions to the witness?
The officer named in the notice. The party taking the deposition delivers the notice and all served questions to that officer, who then takes the witness's testimony in response and prepares, certifies, and files or mails the deposition.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
Also known as:ms deposition upon written questionscross questions deadline mississippi depositionwritten deposition rule mississippiredirect recross questions ms rule 31