Part Four: Pretrial Procedures, Dispositions and Production at Trial · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 4:6 lets a party depose a witness by written questions instead of live examination — serving questions on the other parties, who may respond with cross, redirect, and recross questions on set deadlines, before an officer puts them to the witness and records the answers.
(a)Serving 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. 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 the deposition upon written questions must 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 him or the particular class or group to which he 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 Rule 4:5(b)(6).
Within 21 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.
(b)Officer to Take Responses and Prepare Record. — A copy of the notice and copies of all questions served must be delivered by the party taking the deposition to the officer designated in the notice, who must proceed promptly, in the manner provided by Rule 4:5(c), (e), and (f), to take the testimony of the witness in response to the questions and to prepare, certify, and file the electronic or digitally imaged deposition or lodge the deposition with the attorney for the party who initiated the taking of the deposition, attaching thereto the copy of the notice and the questions received.
(c)Notice of Filing. — When the deposition is filed, the party taking it must promptly give notice thereof to all other parties.
Plain-English Summary
Rule 4:6 offers a cheaper alternative to the oral deposition. After the action begins, a party may depose any person, including another party, by serving written questions rather than appearing to question the witness live; a subpoena still compels attendance, and deposing a person confined in prison still requires leave of court. The notice identifies the witness and names the officer who will take the deposition. A corporation, partnership, association, or government agency may be deposed this way too, using the same designation procedure that governs oral depositions under Rule 4:5(b)(6).
Once the questions and notice are served, the other parties get a chance to shape the record: 21 days to serve cross questions, then 10 days to serve redirect questions, then another 10 days for recross — all subject to the court shortening or lengthening the time for cause. The complete set goes to the designated officer, who takes the witness’s answers and prepares, certifies, and files or lodges the transcript following the same procedure Rule 4:5 uses for oral depositions. Whoever took the deposition must promptly notify the other parties once it is filed.
Frequently Asked Questions
What is a deposition upon written questions in Virginia?
A deposition where the questions are submitted in writing in advance rather than asked live; an officer puts the questions to the witness and records the answers (Rule 4:6(a)).
How long do other parties have to respond with their own questions?
21 days to serve cross questions after the original questions are served, then 10 days for redirect questions, then 10 more days for recross questions, unless the court adjusts the time for cause (Rule 4:6(a)).
Can a corporation be deposed by written questions in Virginia?
Yes, using the same organizational-designee procedure that Rule 4:5(b)(6) uses for oral depositions.
Who takes the witness’s answers to a deposition on written questions?
The officer named in the notice, who receives the complete set of questions and proceeds under the same procedures Rule 4:5 sets for taking, signing, certifying, and filing an oral deposition (Rule 4:6(b)).
Does a deposition upon written questions require a subpoena to compel attendance?
Yes. Rule 4:6(a) allows attendance to be compelled by subpoena, just as with an oral deposition.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as:deposition upon written questions virginiawritten deposition virginiacross questions deposition virginiavirginia rule 4:6