Rule 31.Depositions of Witnesses Upon Written Questions.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 31
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
The mechanics differ from an oral deposition, but the entry requirements match. Under subdivision (a)(1) any party may depose any person, including a party, on written questions without leave of court, with Rule 45 supplying the subpoena. Subdivision (a)(2) requires leave when the deponent is confined in prison or, absent a written stipulation of the parties, has already been deposed in the case.
Subdivision (a)(3) sets what gets served: the questions themselves, plus a notice naming the person who is to answer them and giving that person's address, or a description sufficient to identify an unknown deponent, along with the name or descriptive title and address of the officer before whom the deposition is to be taken. An organization can be deposed this way too, following Rule 30(b)(6).
Subdivision (a)(4) is the part with dates in it. A party has fifteen days after service of the notice and questions to serve cross questions, then five days after cross questions to serve redirect, then five days after redirect to serve recross. Those windows are short, and the court may enlarge or shorten them for cause shown. Rule 32(e)(3)(C) adds the matching waiver: an objection to the form of a written question is lost unless served in writing within the time allowed for the succeeding questions and within five days after service of the last authorized set.
Subdivision (b) sends the notice and copies of all the questions to the designated officer, who proceeds promptly under Rule 30(c), (e) and (f) to take the testimony, prepare the record and certify it. Unless the court orders otherwise, the officer sends the deposition to the examining attorney or self-represented litigant, who retains the transcript as Rule 30(f)(1) requires, with the notice and questions attached.
Frequently Asked Questions
What is a deposition on written questions?
Instead of questioning the witness in person, a party serves written questions on every other party and delivers them to the officer named in the notice. The officer puts those questions to the witness and records the answers, and the answers come back as a deposition transcript.
How long do I have to send cross questions?
Fifteen days after the notice and written questions are served. Redirect questions are due within five days after service of cross questions, and recross questions within five days after redirect, unless the court enlarges or shortens the time for cause shown.
Do I need the court's permission to use written questions?
Only in the situations named in subdivision (a)(2): where the person to be examined is confined in prison, or where that person has already been deposed in the case and there is no written stipulation of the parties. Otherwise no leave is needed.
Can I depose a company or a state agency with written questions?
Yes. Subdivision (a)(3)(B) allows a deposition on written questions of a public or private corporation, a partnership, an association or a governmental agency, following the designation procedure in Rule 30(b)(6).
Who keeps the transcript when it is finished?
The officer takes the testimony, prepares and certifies the record, and unless the court orders otherwise sends the deposition to the examining attorney or self-represented litigant. That person retains it under Rule 30(f)(1), with the copy of the notice and the questions attached.