In one sentenceRule 1-031 allows a deposition to be taken on written questions served on the parties, with set periods for 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 in Rule 1-045 NMRA. 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 the provisions of Subparagraph (6) of Paragraph B of Rule 1-030 NMRA. Within thirty (30) days after the notice and written questions are served, a party may serve cross-questions upon all other parties. Within ten (10) days after being served with cross-questions, a party may serve redirect questions upon all other parties. Within ten (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.
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 Paragraphs C, E and F of Rule 1-030 NMRA, 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.
C.Notice of filing. When the deposition is filed, the party taking it shall promptly give notice thereof to all other parties.
End
Plain-English Summary
This rule offers a paper alternative to the oral deposition. After the action begins, any party may depose any person on written questions, compelling attendance by subpoena under Rule 1-045. The party serves the questions on every other party with a notice naming the deponent and the officer who will take the deposition; an organization may be deposed this way under the Rule 1-030 designation procedure.
The other parties may serve cross-questions within thirty days, redirect questions within ten days after that, and recross-questions within another ten days, and the court may shorten or enlarge these times. The designated officer takes the witness’s responses to all the questions in the manner of Rule 1-030, then certifies and files or mails the deposition, and the party taking it gives notice of filing.
Frequently Asked Questions
What is a deposition on written questions?
A deposition in which the parties submit written questions in advance; the officer reads them to the witness and records the answers, rather than counsel questioning the witness live.
What are the deadlines for follow-up questions?
Cross-questions within thirty days of the notice, redirect within ten days after cross-questions, and recross within ten days after redirect—subject to the court’s power to shorten or enlarge the time.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-031 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as:deposition on written questionswritten deposition questionscross-questions