Group V: Disclosures and Discovery · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 31 lets a party depose a witness through written questions that an officer reads aloud and records the answers to, instead of through a live oral examination.
(1)Without Leave. A party may, by written questions, depose any person, including a party, without leave of court except as provided in Rule 31(a)(2). The deponent’s attendance may be compelled by subpoena under Rule 45.
(2)With Leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(1) and (2):
(A)if the parties have not stipulated to the deposition and:
(i)the deposition would result in more than 10 depositions being taken under this rule or Rule 30 by the plaintiffs, or by the defendants, or by the third-party defendants, not counting any deposition that is solely a custodian-of-records deposition;
(ii)the deponent has already been deposed in the case; or
(iii)the party seeks to take a deposition before the time specified in Rule 26(a); or
(B)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 other party, with a notice stating, if known, the deponent’s name and address. If the name 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 whom the deposition will be taken.
(4)Questions Directed to an Organization. A public or private corporation, a partnership, an association, a governmental agency, or other entity 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: crossquestions, within 14 days after being served with the notice and direct questions; redirect questions, within 7 days after being served with crossquestions; and recross- questions, within 7 days after being served with redirect questions. The court may, for good cause, extend or 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.
(1)Completion. The party who noticed the deposition must notify all other parties when it is completed.
(2)Filing. A party who files the deposition must promptly notify all other parties of the filing.
Notes
Drafter’s Note, Amendment Effective January 1, 2005: Subdivision (a) is amended to conform to the federal rule, as amended in 1993, including shorter periods for serving cross, redirect, and recross questions. The rule provides that depositions upon written questions may be taken without leave of court except as provided in new paragraph (2). The revised rule does not include the 10 deposition limit set forth in paragraph (2)(A) of the federal rule. As a result, paragraphs (2)(B) and (C) of the federal rule are redesignated as paragraphs (2)(A) and (B). The amendment to subdivision (b) is technical. The provision conforms to the federal rule. Subdivision (c) of the federal rule, which provides for notice of filing, is not included in the Nevada rule.
Advisory Committee Note — 2019 Amendment: The amendments generally conform Rule 31 to FRCP 31. Consistent with the federal rule, Rule 31(a)(2)(A)(i) now limits the number of depositions that may be taken to 10 per side absent stipulation or court order. The Nevada rule, however, does not count depositions of custodians of records toward the 10-deposition limit per side.
Rule 31 offers a quieter alternative to the oral deposition: questions drafted and served in advance, then read to the witness by the officer conducting the deposition, rather than a live back-and-forth exchange. Any party can use this method without leave of court, subject to the same exceptions that apply to oral depositions under Rule 30: the deposition would push either side past ten depositions in the case, the witness has already been deposed, the party wants to jump ahead of the normal discovery start date, or the witness is confined in prison. The party using this method serves its questions along with a notice naming the witness and identifying the officer who will conduct the deposition, and an organization can be deposed the same way a corporation, partnership, or government agency is deposed orally, through the designation procedure in Rule 30(b)(6).
What sets this method apart is the structured, one-shot exchange of questions. Opposing parties have 14 days after being served to submit cross questions, 7 more days for redirect questions, and 7 more after that for recross questions, though the court can shorten or lengthen those windows for good cause. The officer takes the deposition using the same recording, certification, and filing procedures that apply to an oral deposition, then sends the completed transcript to the party who arranged it, along with copies of the questions and the notice. Because everything is locked in before the witness answers, Rule 31 tends to work best for testimony that does not need real-time follow-up, such as authenticating a document, and less well for testimony whose value depends on probing an answer as it comes out.
Frequently Asked Questions
How is a written-question deposition different from an oral one?
The questions are drafted and served ahead of time rather than asked live. An officer reads them to the witness and records the answers, so there is no opportunity for a lawyer to follow up on an answer in the moment the way an oral deposition allows.
What is the timeline for submitting cross, redirect, and recross questions?
Opposing parties have 14 days after being served with the notice and direct questions to serve cross questions, 7 more days to serve redirect questions, and 7 more days after that to serve recross questions, though the court can extend or shorten these periods for good cause.
Can a corporation or government agency be deposed by written questions?
Yes. An organization can be deposed this way using the same designation procedure that applies to oral depositions under Rule 30(b)(6), where the organization picks one or more people to answer on its behalf.
When does a party need the court's permission to use Rule 31?
The same situations that require leave for an oral deposition apply here: the deposition would push either side past ten depositions in the case, the witness has already been deposed, the party wants to depose someone before the normal discovery start date, or the witness is confined in prison.
Who asks the witness the questions?
The officer named in the notice does. The party who arranged the deposition delivers the questions and notice to that officer, who then takes the witness's testimony in response, certifies the deposition, and sends it back with copies of the questions and notice attached.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
Also known as:deposition on written questions nevadadeposition upon written questions nevadawritten interrogatory deposition nevadawritten deposition nevadacross questions redirect recross nevada