Rule 31.Depositions of Witnesses Upon Written Questions
Last amended July 1, 2022 · Last verified July 1, 2026
In one sentenceRule 31 lets a party depose a witness by written questions instead of live examination, following the same notice and officer procedures as an oral deposition but with fixed windows for serving cross, redirect, and recross questions.
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 by Rule 45. 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 in accordance with the provisions of Rule 30(B)(5).
Within twenty-one days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within fourteen days after being served with cross questions, a party may serve redirect questions upon all other parties. Within fourteen 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.
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 Rule 30(C), (E), and (F), to take the testimony of the witness in response to the questions and to prepare, certify, and file, mail, or deliver the deposition by electronic means, attaching thereto the copy of the notice and the questions received by the officer.
The party requesting the filing of the deposition shall forthwith give notice of its filing to all other parties.
Amendment History
Effective Date: July 1, 1970
Amended: July 1, 2022
Plain-English Summary
Division (A) lets any party take testimony by written questions once the action has begun, using the same notice requirements as an oral deposition: written notice to every other party stating who will be examined and, when the person's identity isn't known, a description sufficient to identify them, plus the name or descriptive title and address of the officer who will take the deposition. An organization may be deposed this way through a designated representative under the same procedure available for oral depositions. After the direct questions are served, the rule sets a fixed sequence of response windows: twenty-one days to serve cross questions, then fourteen days to serve redirect questions, then fourteen days to serve recross questions, with the court free to shorten or lengthen any of those periods for cause.
Division (B) has the party taking the deposition deliver the notice and all served questions to the designated officer, who proceeds under the same procedures used for oral depositions -- examining the witness, certifying the testimony, and filing, mailing, or electronically delivering the completed deposition along with the notice and questions received. Division (C) requires the party who asks that the deposition be filed to promptly notify every other party once that happens.
Frequently Asked Questions
How is a deposition on written questions different from an oral deposition?
The examining party submits written questions in advance instead of asking them live; an officer then puts those questions to the witness and records the answers, following the same notice and filing procedures used for oral depositions.
How much time do other parties have to respond with their own questions?
Twenty-one days to serve cross questions after the original notice and questions are served, then fourteen days to serve redirect questions, then fourteen days to serve recross questions, unless the court shortens or extends those periods for cause.
Can an organization be deposed by written questions?
Yes. Rule 31(A) lets a public or private corporation, partnership, or association be deposed this way through a designated representative, using the same procedure available for oral depositions of an organization under Rule 30(B)(5).
Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the
official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 31). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as:written depositiondeposition upon written questionscross questions