Chapter 41: Discovery Code · Last amended November 1, 1989 · Last verified August 3, 2026
In one sentenceLets a party depose any person, including an opposing party, by written questions served through a notice naming the deponent and the officer who will take the deposition, followed by set windows for serving cross, redirect, and recross questions.
A.SERVING QUESTIONS; NOTICE. After commencement of the action, any party to the action may take the testimony of any person, including an opposing party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of a subpoena. 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 paragraph 6 of subsection C of Section 3230 of this title. 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. The officer shall proceed promptly, in the manner provided by subsections D, F and G of Section 3230 of this title, to take the testimony of the witness in response to the questions and to prepare, certify and file or mail the deposition as provided in subsection G of Section 3230 of this title, 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.
D.COSTS OF TRANSCRIPTION OF DEPOSITION. Cost of the transcription, fees of the sheriff and witness fees shall be taxed as provided in subsection J of Section 3230 of this title.
Amendment History
Added by Laws 1982, HB 1912, c. 198, §8; Amended by Laws 1989, HB 1154, c. 129, § 7, eff.
11/1/1989; Renumbered from 12 O.S. § 3208 by Laws 1989, HB 1154, c. 129, §14, eff. 11/1/1989.
Plain-English Summary
Section 3231, tracking FRCP 31, lets a party take testimony by written questions instead of live examination. After the action commences, the party desiring the deposition serves written questions with a notice naming the person to be examined and the officer designated to take the deposition; attendance may still be compelled by subpoena, and a deposition of a person confined in prison requires leave of court. Other parties then have thirty days to serve cross questions, ten days after that to serve redirect questions, and ten more days to serve recross questions, though the court may enlarge or shorten those windows for cause.
The officer receives copies of the notice and all questions served, takes the witness's testimony in response, and certifies, files, or mails the deposition the same way as an oral deposition under Section 3230. Transcription costs, sheriff's fees, and witness fees are taxed the same way as well.
Frequently Asked Questions
What is a deposition on written questions?
A way to take a person's testimony, including an opposing party's, by serving written questions and a notice naming the deponent and the officer who will take the deposition, rather than by live oral examination.
How much time do I have to serve cross questions?
Thirty days after the notice and written questions are served, followed by ten days for redirect questions after cross questions are served, and ten more days for recross questions -- though the court may enlarge or shorten these periods for cause.
Do I still need a subpoena to make the witness show up?
Yes. The statute states that attendance of witnesses may be compelled by subpoena, the same as with an oral deposition.
Can I depose an imprisoned person by written questions?
Only by leave of court, on terms the court prescribes.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma deposition on written questions12 O.S. § 3231cross questions deposition oklahoma deadlinewritten deposition procedure oklahoma