Rule 31.Depositions upon written questions
Part V: Depositions and Discovery · Last amended November 1, 2011 · Last verified July 13, 2026
Full Text of Rule 31
Amendment History
Amended effective November 1, 1999; November 1, 2011.
Plain-English Summary
A deposition doesn't have to involve a room full of lawyers and a live witness. Rule 31 lets a party depose a party or witness by submitting written questions, with Rules 30 and 45 filling in the details except where they clearly don't fit a written format. The party initiating it serves a notice identifying the deponent, naming or describing the officer who will conduct the deposition, and listing the questions to be asked.
From there the rule runs on a strict cascade of deadlines. Other parties have 14 days after the questions are served to submit their own cross questions. The party who asked the original questions then has 7 days after being served with those cross questions to submit redirect questions, and the cross-examining party gets another 7 days after that to submit re-cross questions. Once the volleys are done, the party who took the deposition delivers the notice and all the questions to the designated officer, who asks them of the witness and prepares a record of the answers.
To keep written depositions from becoming a backdoor around interrogatory limits, the rule caps them during standard discovery: written questioning can't cumulatively exceed 15 questions, counting discrete subparts, from the plaintiffs collectively, from the defendants collectively, or from any third-party defendants collectively.
Frequently Asked Questions
How is a deposition by written questions different from a regular deposition?
Instead of a lawyer asking questions live, the party submits written questions in advance. An officer then puts those questions to the witness and records the answers, following the same general framework as an oral deposition under Rule 30.
How much time do other parties get to add cross questions?
14 days after the original questions are served. The deposing party then gets 7 days to add redirect questions, and the cross-examining party gets a further 7 days for re-cross questions.
Is there a limit on how many written deposition questions I can ask?
Yes. During standard discovery, written questioning can't cumulatively exceed 15 questions, including discrete subparts, from the plaintiffs collectively, the defendants collectively, or the third-party defendants collectively.
Who asks the witness the questions in a written deposition?
The officer designated in the notice. The deposing party delivers the notice and all the submitted questions to that officer, who puts the questions to the witness and prepares the record.