Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 31 lets a party depose someone by submitting written questions in advance instead of appearing in person, with a set sequence and deadlines for cross, redirect, and recross questions before an officer reads them to the witness and records the answers.
(1)A party may take the testimony of any person, including a party, by deposition upon written questions without leave of court except as provided in paragraph (2). The attendance of witnesses may be compelled by the use of a subpoena as provided in Rule 45.
(2)A party must obtain leave of court, which shall be granted to the extent consistent with the principles stated in Rule 26(b)(1), if the person to be examined is confined in prison or if, without the written stipulation of the parties, the person to be examined has already been deposed in the case.
(3)A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating;
(A)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 the person or the particular class or group to which the person belongs; and
(B)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 30(b)(6).
(4)Within fourteen (14) days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within seven (7) days after being served with cross questions, a party may serve redirect questions upon all other parties. Within seven (7) 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, who shall proceed promptly, in the manner provided by Rule 30(b), (c), (e), and (f) to take the testimony of the witness in response to the questions and to prepare, certify, and unless otherwise ordered by the court, to send the deposition to the examining attorney or self-represented litigant, who shall retain the transcript as provided in Rule 30(f)(1), attaching thereto the copy of the notice and the questions received by the officer.
(c)Inspection of Deposition on File. Upon being furnished to the examining attorney, the deposition shall be open to inspection unless otherwise ordered by the court.
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
Rule 31 offers a paper alternative to the standard oral deposition. A party who wants to depose someone can serve written questions instead of showing up to ask them live. As with oral depositions, no court permission is needed unless the witness is already imprisoned or has already been deposed once in the case without a written agreement of the parties allowing it again.
The notice has to name the officer who will conduct the deposition and identify the person to be questioned. Once questions are served, the rule sets a strict clock: other parties get fourteen days to serve cross questions, the original party then gets seven days to serve redirect questions, and after that, seven more days for recross questions. The court can shorten or extend those windows for good cause.
The officer named in the notice receives all the questions, then proceeds much like in an oral deposition — putting the witness under oath, reading the questions, and recording the answers — following the same procedures that govern how oral depositions are conducted, certified, and preserved afterward. The finished transcript goes to the party who took the deposition, who keeps it the same way as a transcript from an oral deposition, along with a copy of the notice and all the questions asked.
Because there is no live back-and-forth, this method works best when the questions are narrow and unlikely to need follow-up on the spot — confirming records, dates, or other facts that do not call for probing cross-examination in real time.
Frequently Asked Questions
How is a deposition on written questions different from a regular deposition?
Instead of an attorney asking questions live, the party serves written questions in advance, and the deposition officer reads them to the witness and records the answers. Other parties can respond with their own written cross, redirect, and recross questions rather than questioning the witness directly.
How much time do I have to submit cross questions?
Fourteen days after the original notice and questions are served. After that, the party who took the deposition has seven days to serve redirect questions, and then seven more days are available for recross questions. The court can lengthen or shorten these periods for good cause.
Can I depose a company using written questions?
Yes. Rule 31 allows a deposition on written questions of a corporation, partnership, association, or governmental agency, following the same procedure used for oral depositions of organizations — the organization designates who will answer on its behalf.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 31). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as:written deposition questionsdeposition by written questionscross questions deadlinedepose someone without a live depositioninterrogatory-style depositionpaper deposition