Rule 31.Depositions Upon Written Questions.
Current through February 2024 · Last verified July 8, 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
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.