Group V: Depositions and Discovery · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 31 lets a party depose any person by written questions instead of live examination, with the officer reading the questions to the deponent and sending back a certified transcript.
(1)Without leave. After an action commences, a party may, by written questions, depose any person, including a party, without leave of court except as provided in Rule 31(a)(2). A non-party deponent's attendance may be compelled by subpoena under Rule 45.
(2)With leave. A party must obtain leave of court for a deposition by written questions if the deponent is confined in prison.
(3)Service required; Notice. A party who wants to depose a person by written questions must serve them on every party, with a notice stating, if known, the deponent's name and address. If the name and address is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must also state the name or descriptive title and the address of the officer before who the deposition will be taken.
(4)Questions directed to an organization. A public or private corporation, a partnership, an association, a governmental agency, or any other organization may be deposed by written questions in accordance with Rule 30(b)(6).
(5)Questions from other parties. Any questions to the deponent from other parties must be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 7 days after being served with cross-questions; and recross- questions, within 7 days after being served with redirect questions. The court may, for good cause, extend and shorten these times.
(b)Delivery to the officer; Officer's duties. The party who noticed the deposition must deliver to the officer a copy of all the questions served and of the notice. The officer must promptly proceed in the manner provided in Rule 30(c), (e) and (f) to:
(1)take the deponent's testimony in response to the questions;
(2)prepare and certify the deposition; and
(3)send it to the party, attaching a copy of the questions and of the notice.
Explanatory Note
Rule 31 was amended, effective March 1, 1986; March 1, 1990; March 1, 1997; March 1, 1999; March 1, 2011. Rule 31 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Plain-English Summary
Rule 31 offers a quieter cousin to the oral deposition in Rule 30. Instead of a lawyer asking questions in real time, a party drafts written questions in advance and serves them on every other party. An officer then puts those questions to the deponent, takes down the answers, and certifies the result. A party generally needs no leave of court to do this, the exception being a deponent confined in prison. When the deponent is an organization rather than a person, Rule 31(a)(4) lets the requesting party depose it on written questions the same way it would designate a corporate witness under Rule 30(b)(6).
Because there is no live back-and-forth, Rule 31 builds in a written volley to approximate cross-examination. Other parties get to serve their own cross-questions within 14 days of the notice and direct questions, the original party can respond with redirect questions within 7 days after that, and a final round of recross-questions follows within 7 days after the redirect. The court can shorten or extend any of these periods for good cause, which matters when a deposition needs to move faster than the default schedule allows.
Once all the questions are in hand, Rule 31(b) puts the officer to work: deliver the questions and notice to the deponent, take the testimony in response to them, prepare and certify the deposition, and send the finished product to the noticing party along with copies of the questions and notice. The rule cross-references Rule 30's procedures for how the officer conducts, certifies, and handles the deposition itself, so Rule 31 supplies the written-question format while Rule 30 supplies much of the mechanical detail.
Frequently Asked Questions
What is a deposition by written questions under North Dakota Rule 31?
It is a deposition where a party serves written questions on every other party instead of examining the witness live. An officer then puts the questions to the deponent, records the answers, certifies the transcript, and sends it to the party who noticed the deposition.
Do I need the court's permission to depose someone by written questions?
Generally no. Rule 31(a)(1) lets a party depose any person, including another party, without leave of court. Leave is required only when the deponent is confined in prison, under Rule 31(a)(2).
How much time do other parties get to add their own cross-questions?
Rule 31(a)(5) gives other parties 14 days after being served with the notice and direct questions to serve cross-questions, 7 days after that for redirect questions, and 7 more days after redirect questions for recross-questions. The court may shorten or extend these periods for good cause.
Can I depose a corporation or government agency using written questions?
Yes. Rule 31(a)(4) allows a written-question deposition of an organization — a corporation, partnership, association, or governmental agency — following the same designation procedure used for oral depositions of an organization under Rule 30(b)(6).
What does the officer do after receiving the written questions?
Under Rule 31(b), the officer takes the deponent's testimony in response to the questions, prepares and certifies the deposition following the procedures in Rule 30(c), (e), and (f), and sends the completed deposition to the noticing party along with copies of the questions and notice.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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