(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 in Rule 45 provided that no subpoena need be served on a deponent who is a party or an officer, director or managing agent of a party, provided the party has been served with notice pursuant to this rule. Such a deposition shall be taken in the county where the witness resides or is employed or transacts his business in person unless the witness agrees that it may be taken elsewhere. The deposition of a person confined in prison or of a patient receiving in-patient care in or confined to an institution or hospital for the mentally ill or mentally handicapped 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 (i) 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 (ii) 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(b)(6). 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.
Rule 31.Depositions upon written questions.
Last amended 2005 · Last verified July 3, 2026
In one sentenceRule 31 lets a party take a deposition by written questions instead of a live examination -- an alternative that is rarely used but can be worth it for a distant or cooperative witness.
Full Text of Rule 31
(b) Person 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 person designated in the notice to take the deposition, who shall proceed promptly, in the manner provided by Rule 30(c), (e), and (f), to take the testimony of the deponent in response to the questions and to prepare, certify, and mail the deposition, attaching thereto the copy of the notice and the questions received by him.
(c) Repealed by Session Laws 2005-138, s. 4, effective October 1, 2005.
Amendment History
(1967, c. 954, s. 1; 1975, c. 762, s. 2; 2005-138, s. 4.)
Plain-English Summary
Rule 31(a) lets any party, after the action commences, take the testimony of any person -- including a party -- by deposition upon written questions rather than live examination. A subpoena under Rule 45 compels a non-party witness's attendance, though no subpoena is needed for a party or an officer, director, or managing agent of a party who has already been served notice under this rule. The deposition happens in the county where the witness lives, works, or does business in person, unless the witness agrees to another location; deposing someone confined in prison or receiving in-patient psychiatric or similar institutional care needs advance leave of court on whatever terms the court sets. The party taking the deposition serves written questions on every other party along with a notice naming (or, if unknown, describing) the person to answer and naming the officer who will take the deposition; a deposition of a corporation, partnership, association, or governmental agency follows the same designee procedure as Rule 30(b)(6). Other parties then get a window to serve cross questions (30 days), redirect questions (10 days after that), and recross questions (10 days after that), with the court able to lengthen or shorten those windows for cause.
Rule 31(b) has the officer designated in the notice take delivery of the questions, put the deponent's answers on the record following Rule 30's procedures for conduct, review, and certification, and file or mail the completed deposition along with the notice and questions. Rule 31(c) was repealed in 2005.
Frequently Asked Questions
How is a deposition upon written questions different from an oral deposition?
The questions are written out in advance and answered by the deponent through the officer taking the deposition, with set windows for other parties to add cross, redirect, and recross questions, rather than a live back-and-forth examination.
Does a party need a subpoena to depose an opposing party by written questions?
No. Rule 31(a) excuses a subpoena for a party, or an officer, director, or managing agent of a party, once that person has been served with notice of the deposition.
How long do other parties have to add their own questions?
30 days to serve cross questions, then 10 more days to serve redirect questions, then 10 more days to serve recross questions, unless the court enlarges or shortens those windows for cause.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 31). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: deposition upon written questionswritten deposition questionscross questionsredirect questionsrecross questionsdeposing a witness by written questionsalternative to oral deposition