(a) Notice of Taking; Service of Questions and Cross-Questions. A party desiring to take the deposition of any person upon written questions shall serve such questions upon each party together with a notice stating the name and address of the person to be examined, 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 the name or descriptive title and address of the officer before whom the deposition is to be taken. Within fifteen days thereafter a party so served may serve written cross-questions upon each party. Within seven days thereafter the original party may serve written redirect questions upon each party. Within five days after being served with written redirect questions, a party may serve written recross-questions upon each party.
R 3109.Notice of taking deposition on written questions
Article 31. Disclosure · Last amended 1984 · Last verified July 21, 2026
In one sentenceCPLR 3109 sets the notice and sequential exchange for a deposition on written questions — original questions, then cross-questions, then redirect, then recross, each on a fixed clock — and directs the officer conducting the examination to put those questions to the witness and prepare the deposition.
Full Text of CPLR 3109
(b) Officer Asking Written Questions. A copy of the notice and copies of all written questions served shall be delivered by the party taking the deposition to the officer designated in the notice. The officer shall proceed promptly to take the testimony of the witness in response to the written questions and to prepare the deposition.
Plain-English Summary
Subdivision (a) lays out the timetable for written-question depositions authorized under section 3108. The party taking the deposition serves its written questions on every other party along with a notice identifying the witness — by name and address if known, or by a sufficiently specific description if not — and naming the officer who will conduct the examination. From there the clock runs in stages: other parties get fifteen days to serve written cross-questions, the original party then gets seven days to serve redirect questions, and any party gets five more days after that to serve recross-questions. Each round builds on the one before it, so the whole set of questions is finalized before anyone appears before the officer.
Subdivision (b) hands the finished set of questions to the officer named in the notice. The party taking the deposition delivers copies of the notice and all the written questions to that officer, who then proceeds to examine the witness using those questions, record the answers, and prepare the deposition transcript. Because this format has no room for follow-up questions shaped by a witness's actual answers, the drafting has to anticipate the witness's likely testimony up front — a tradeoff litigants weigh against the convenience of not having counsel appear in person, particularly for witnesses located far from the litigation.
Frequently Asked Questions
How does a written-question deposition proceed under CPLR 3109?
The examining party serves written questions and a notice identifying the witness and the officer who will conduct the exam. Other parties then have fifteen days to serve cross-questions, the original party has seven days after that for redirect questions, and any party has five more days for recross-questions.
Who asks the written questions to the witness?
The officer named in the notice. Subdivision (b) requires that officer to receive copies of the notice and all the written questions, then examine the witness and record the testimony.
How long do I have to serve cross-questions in a New York written deposition?
Fifteen days after being served with the original written questions and notice.
Can I ask follow-up redirect and recross questions in a written deposition?
Yes. The original party gets seven days after cross-questions to serve redirect questions, and any party then gets five days after that to serve recross-questions.
What happens if the witness's name isn't known when serving written questions under CPLR 3109?
The notice must include a description specific enough to identify the witness or the particular class or group the witness belongs to, the same standard used for oral deposition notices under CPLR 3107.
Advisory Committee Notes
Subd (a) of this rule is based on Federal rule 31(a). The practice under RCP 126 was comparable. CPA § 302 did not permit written questions except upon stipulation. RCP 126 provided for settlement of these questions, but if there were no exceptions within ten days they were deemed settled.
Subd (b) of this rule is based upon New Jersey rule 4:21-2. The officer will take the deposition in the manner provided in CPLR rule 3113.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1963, ch 532, § 18, eff Sept 1, 1963; L 1984, ch 294, § 6, eff Sept 1, 1984.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: written questions deposition procedure New Yorkcross-questions redirect recross deposition New Yorkdeposition on written questions notice