A. SERVING QUESTIONS; NOTICE Upon stipulation of the parties or leave of court for good cause shown, and 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 55. The deposition of a person confined in prison may be taken only as provided in Rule 39B. 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 such person or the particular class or group to which the person 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 Rule 39 C(6). Within 30 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 10 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 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.
Rule 40.Depositions Upon Written Questions
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 40 lets parties in an Oregon lawsuit depose a witness on written questions instead of live testimony, with every side allowed to submit its own follow-up questions in a fixed sequence before a neutral officer reads them to the witness and records the answers.
Full Text of Rule 40
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 Rule 39D, F, and G, 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 the officer.
Amendment History
[CCP 12/2/78; amended by CCP 12/4/82]
Plain-English Summary
Rule 40 offers a paper alternative to the sit-down oral deposition in Rule 39. Instead of a lawyer questioning a witness live, the parties write out their questions in advance. It takes either an agreement between the parties or the court’s permission for good cause, and it proceeds in a fixed sequence: the party who wants the deposition serves its written questions along with a notice naming the witness and the officer who will conduct the session; other parties then have 30 days to serve cross questions; the original party has 10 days after that to serve redirect questions; and any party has another 10 days to serve recross questions. The court can shorten or lengthen any of these windows for good cause. Deposing an organization, and deposing someone in custody, work the same way they do for oral depositions under Rule 39.
The officer named in the notice does the actual work of taking the deposition: reading the questions to the witness in order, recording the answers, and then certifying, filing, or mailing the finished deposition along with copies of the notice and questions, following the same procedures that apply to oral depositions.
Frequently Asked Questions
Do I need the other side’s agreement to take a deposition on written questions?
Yes, unless the court grants leave for good cause shown. A written-question deposition requires either a stipulation between the parties or a court order.
How long do the other parties have to submit their own questions?
After the original notice and questions are served, other parties have 30 days to serve cross questions. The party who noticed the deposition then has 10 days to serve redirect questions, and any party has another 10 days after that to serve recross questions. The court can shorten or lengthen any of these windows for good cause.
Who asks the witness the questions at a written-question deposition?
The officer named in the deposition notice. That officer receives copies of the notice and all the questions, puts them to the witness on the record, and then certifies, files, or mails the completed deposition along with the notice and questions.
Can I take a written-question deposition of a company or someone in custody?
Yes. Depositions of an organization on written questions follow the same procedure as organizational depositions under Rule 39, and deposing someone confined in prison requires the court’s leave in the same way an oral deposition of a prisoner would.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 40). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
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