Last amended July 1, 1979 · Last verified July 2, 2026
In one sentenceRule 31 lets a party take the deposition of any person, including a non-party, through written questions served in advance and read aloud by a presiding officer, with fixed windows for other parties to serve cross, redirect, and recross questions before the deposition is taken.
31.01Serving Questions; Notice. 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 45. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. 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 provisions of Rule 30.02 (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.
31.02Officer 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 Rules 30.03, 30.05, and 30.06, 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.
31.03Notice of Filing. When the deposition is filed the party taking it shall promptly give notice thereof to all other parties.
Advisory Commission Comments
Advisory Commission Comments.
Rule 31 previously designated questions propounded to witnesses thereunder as interrogatories. The terminology has been changed to avoid confusion with Rule 33, which provides for interrogatories to parties. Written questions may be submitted to any witness, whether a party or not, under Rule 31. Rule 33 permits interrogatories to be served upon parties only. [1979.]
Amendment History
As amended July 1, 1979.
Plain-English Summary
Rule 31.01 lets any party, after the action has commenced, take the testimony of any person — whether or not a party — by deposition upon written questions, with a witness's attendance compelled by subpoena under Rule 45 the same as for an oral deposition, and a deposition of a person confined in prison allowed only with the court's leave. A party who wants to use this method serves written questions on every other party, along with a notice giving the name and address of the person who will answer them, or a description sufficient to identify that person or the group they belong to, and naming the officer before whom the deposition will be taken. A public or private corporation, partnership, association, or governmental agency can be deposed this way using the same organizational-designee procedure that governs oral depositions under Rule 30.02(6).
Once the original questions are served, the other parties get a cascading series of windows to respond: 30 days to serve cross questions, then 10 days after being served with cross questions to serve redirect questions, then 10 days after that to serve recross questions — a sequence the court can shorten or lengthen for cause. Rule 31.02 requires the party taking the deposition to deliver a copy of the notice and all the questions served to the designated officer, who then takes the witness's testimony in response to the questions, following the same procedures as an oral deposition for recording, certifying, and filing or mailing the transcript. Rule 31.03 requires the party who filed the deposition to promptly notify every other party once it has been filed.
Because there is no live follow-up questioning, a deposition on written questions works best for routine or authenticating testimony, or for situations calling for some distance between the examining attorney and the witness, and it is used far less often than an oral deposition given how much lead time its cascading question-and-answer schedule requires.
Frequently Asked Questions
Can a deposition on written questions be taken of someone who is not a party?
Yes. Rule 31.01 allows a deposition upon written questions to be taken of any person, whether or not a party, with attendance compelled by subpoena the same as for an oral deposition.
How much time do other parties get to respond to the original written questions?
Rule 31.01 gives other parties 30 days to serve cross questions after the original notice and questions are served, then 10 days to serve redirect questions after being served with cross questions, then 10 more days to serve recross questions — a schedule the court can shorten or lengthen for cause.
What is the difference between a deposition on written questions and interrogatories?
A deposition on written questions under Rule 31 can be directed at any person, party or not, and produces a formal deposition transcript. Interrogatories under Rule 33 can be served only on parties and are answered in writing without a presiding officer.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 31). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as:deposition on written questionscross questionsredirect and recross questions
Advisory Commission Comments.
Rule 31 previously designated questions propounded to witnesses thereunder as interrogatories. The terminology has been changed to avoid confusion with Rule 33, which provides for interrogatories to parties. Written questions may be submitted to any witness, whether a party or not, under Rule 31. Rule 33 permits interrogatories to be served upon parties only. [1979.]