(a) Deposition upon written questions. 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 § 15-6-45. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. Deposition by written questions of a person who has already been deposed in the case may only be taken with the consent of the deponent and parties, or by leave of the court. 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 the 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 subdivision (6) of § 15-6-30(b). Within fourteen days after the notice and written questions are served, a party may serve cross-questions upon all other parties. Within seven days after being served with cross-questions, a party may serve redirect questions upon all other parties. Within seven 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 31.Depositions of Witnesses upon Written Interrogatories
Part V: Discovery · Last amended 2006 · Last verified July 16, 2026
In one sentenceRule 15-6-31 lets a party depose a witness by written questions instead of live oral examination, following a fixed schedule for cross, redirect, and recross questions, with a designated officer who poses the questions, records the answers, and files the completed deposition.
Full Text of Rule 15-6-31
(b) Deposition prepared by receiving officer — Filing of 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 §§ 15-6- 30(c), 15-6-30(e), and 15-6-30(f), 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.
(c) Notice. When the deposition is filed, the party filing it shall promptly give notice thereof to all other parties.
Note: (d) Superseded.
Plain-English Summary
Subdivision (a) lets any party, after the action commences, take the testimony of any person, including another party, by written questions rather than live examination. Attendance can be compelled by subpoena under § 15-6-45, and the same restrictions on deposing an imprisoned or previously deposed person that apply to oral depositions apply here too. The party wanting this kind of deposition serves the written questions on every other party along with a notice identifying the person to be examined and the officer, by name or descriptive title, who will take the deposition; a corporation, partnership, association, or governmental agency may be named as the deponent under the same organizational-deponent procedure described in § 15-6-30(b)(6). Other parties then get fourteen days to serve cross-questions, followed by seven days to serve redirect questions, and seven more days to serve recross-questions, though the court may extend or shorten these periods for cause.
Subdivision (b) has the party taking the deposition deliver the notice and all served questions to the designated officer, who proceeds under the same procedures that govern oral depositions — swearing and recording the witness under § 15-6-30(c), handling review and signature under § 15-6-30(e), and certifying and filing under § 15-6-30(f) — and who attaches the notice and questions to the completed deposition. Subdivision (c) requires the party who files the deposition to promptly notify all other parties that it has been filed.
Frequently Asked Questions
How is a deposition on written questions different from an oral deposition?
Instead of live examination, Rule 15-6-31(a) has the parties serve written questions in advance, and the officer designated in the notice poses those questions to the witness and records the answers.
How much time do other parties get to submit cross-questions after being served with written questions?
Fourteen days, under Rule 15-6-31(a), followed by seven days for redirect questions and seven more days for recross-questions, unless the court enlarges or shortens the time for cause.
Can a written-questions deposition be used to depose a corporation or government agency?
Yes. Rule 15-6-31(a) allows a deposition upon written questions of a corporation, partnership, association, or governmental agency under the same procedure described in subdivision (6) of § 15-6-30(b).
Who asks the witness the written questions during this kind of deposition?
The officer designated in the notice, who under Rule 15-6-31(b) takes the testimony in response to the questions and records the answers.
What happened to subdivision (d) of this rule?
It has been superseded and carries no live text; Rule 15-6-31 as currently in force runs from subdivision (a) through subdivision (c).
Amendment History
(a)SDC 1939 & Supp 1960, §§ 36.0501, 36.0511; SD RCP, Rules 26 (a), 31 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, § 15-6-26(a); Supreme Court Rule 76-3, § 5; 2006, ch 300 (Supreme Court Rule 06-26).
(b)SD RCP, Rule 31 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, § 5; SL 2006, ch 301, (Supreme Court Rule 06-27).
(c)SL 2006, ch 302 (Supreme Court Rule 06-28).
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
Also known as: written interrogatory deposition south dakotadeposition on written questions sdcross questions deadline deposition south dakotarule 31 south dakota depositions