(a)Serving Questions; Notice. After commencement of the action, any party may take 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 a Superior Judge on such terms as the judge 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 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 Rule 30(b)(6). Within 14 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 7 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 7 days after being served with redirect questions, a party may serve recross questions upon all other parties. Any superior judge 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 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 Rule 30(c), (e), and (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.
Notes
Reporter’s Notes—1996 Amendment: Rule 31(a) is amended to shorten the total time involved in the serving of questions from 50 to 28 days in conformity with a 1993 amendment of what is now Federal Rule 31(a)(4).
Reporter’s Notes: This rule, taken virtually verbatim from Federal Rule 31 as amended in 1970, has no equivalent in prior Vermont law. 12 V.S.A. § 1231 (now superseded), based on former Federal Rule 26(a), authorized depositions “upon oral examination or written interrogatories,” but no provision like former Federal Rule 31, spelling out the procedure for depositions upon interrogatories, was ever enacted. Former County Court Rule 4.2 provided for interrogatories to parties, which are dealt with in Rule 33. The new rule uses the term “questions” instead of “interrogatories,” to avoid confusion with procedure under Rule 33. Federal Rule 31(c), requiring notice of filing to be given by the deposing party, is omitted. See Reporter’s Notes to Rule 30(f). In general, the procedure under Rule 31 conforms to that for depositions on oral examination under Rule 30. There is no requirement of leave of court for taking a deposition on written questions at the commencement of the action, because, under the service provisions of Rule 31(a), a party served with questions has thirty days in which to serve cross questions. Thus, there is no problem of representation for defendants. See Reporter’s Notes to Rule 30.
Amendment History
Amended Feb. 22, 1996, eff. July 1, 1996.
Plain-English Summary
Rule 31 offers an alternative to the give-and-take of an oral deposition: written questions, prepared in advance and read to the witness by the officer conducting the deposition. Any party may use it after the action begins, and a person confined in prison may be deposed only by leave of a superior judge, but no leave of court is otherwise needed to serve written questions right at the start of the case, since a party served with questions already has 14 days to serve cross questions. The notice must name the witness and identify the officer who will take the deposition, and a deposition on written questions may also be taken of a corporation, partnership, association, or governmental agency under the same designation procedure that Rule 30(b)(6) provides.
The mechanics build in a structured exchange rather than real-time cross-examination. Once the notice and questions are served, any other party has 14 days to serve cross questions, 7 more days to serve redirect questions, and 7 more days after that to serve recross questions, though a superior judge may shorten or lengthen those periods for cause shown. The officer named in the notice then takes the witness's testimony in response to the questions, following the same procedures Rule 30 sets out for recording, submitting the transcript to the witness, and certifying and filing the deposition.
Frequently Asked Questions
How does a deposition on written questions differ from an oral deposition?
The questions are prepared and served in advance rather than asked live, and an officer named in the notice reads them to the witness and records the answers, rather than counsel conducting a live examination.
What is the timeline for cross, redirect, and recross questions?
Any other party may serve cross questions within 14 days after the notice and questions are served, redirect questions within 7 days after being served with cross questions, and recross questions within 7 days after being served with redirect questions, though a superior judge may enlarge or shorten those times for cause shown.
Can a corporation or agency be deposed on written questions?
Yes. A deposition upon written questions may be taken of a public or private corporation, partnership, association, or governmental agency in accordance with the designation procedure set out in Rule 30(b)(6).
Who puts the questions to the witness?
The officer named in the notice does. The party taking the deposition delivers the notice and all served questions to that officer, who proceeds to take the witness's testimony in response and then prepares, certifies, and files or mails the deposition.
Does the 30-day leave-of-court requirement for oral depositions apply here too?
No. A person confined in prison may still be deposed on written questions only by leave of a superior judge, but the rule does not otherwise require leave of court to serve written questions right after the action begins. Because a party served with questions already has 14 days to serve cross questions, a defendant has no representation problem the way it might with an oral deposition taken before it can appear.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as:deposition upon written questions vermontwritten deposition questionscross questions redirect recrossvrcp 31