(a) Serving questions notice. After the summons and a copy of the complaint are served, or the complaint is filed, whichever shall first occur, 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 the provisions of rule 30(b)(6). Within 15 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.
Rule 31.Depositions upon written questions
Group 5: Depositions and Discovery · Last amended April 28, 2015 · Last verified July 13, 2026
In one sentenceRule 31 lets a party depose any person, including another party, by written questions instead of live examination, with a fixed sequence for cross, redirect, and recross questions before an officer takes and certifies the answers.
Full Text of Rule 31
(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 serve the deposition transcript, attaching thereto the copy of the notice and the questions received by the officer, on the party taking the deposition, unless the court orders otherwise.
(c) Notice of service. When the deposition has been served, the officer shall promptly give notice of its service to all other parties and file such notice with the clerk of the court.
Amendment History
Prior: RPPP Rule 31. Adopted May 5, 1967, effective July 1, 1967; amended May 26, 1972, effective July 1, 1972; amended June 2, 1988, effective Sept. 1, 1988; amended, effective April 28, 2015.
Plain-English Summary
A deposition upon written questions works like an oral deposition with the live back-and-forth removed. The party noticing it drafts questions in advance and serves them, along with a notice naming the witness (or describing the class of witness, if the name is not yet known) and identifying the officer who will preside. That officer, not the noticing party, puts the questions to the witness and records the answers. Nothing about this format requires court permission: a party can notice one as soon as the summons and complaint are served, or the complaint is filed, whichever happens first, and the same rule that lets a party depose a corporation's designated representative under Rule 30(b)(6) applies here too.
What makes Rule 31 distinct is the timed exchange of questions that follows the initial notice. Once the notice and questions are served, any other party has 15 days to serve cross questions. The party who served cross questions faces a 10-day window for the original examiner to serve redirect questions, and then another 10 days for recross questions after that. Each round has to build on what came before it, and the court can shorten or enlarge any of these periods for cause. This sequencing matters because a party cannot preview an adversary's cross questions before answering redirect, and the fixed clock keeps the exchange from stalling indefinitely.
Once the volley of questions is complete, the rule hands the mechanical work to the officer named in the notice. The officer takes delivery of the notice and all served questions, then proceeds to examine the witness following the same procedures Rule 30 sets out for certifying, and preparing an oral deposition transcript, and serves the completed transcript -- with the notice and questions attached -- on the party who noticed the deposition, unless the court has ordered a different arrangement. The officer also has an independent duty to tell every other party, and the court clerk, once the deposition has been served, so the record of what happened does not depend on the noticing party passing that news along.
Because a person confined in prison cannot be deposed this way without the court's permission, Rule 31 preserves the same leave-of-court check that applies to oral depositions of incarcerated witnesses. Outside that limit, the rule gives litigants a lower-cost way to preserve testimony from a witness who does not need, or whose situation does not allow, a face-to-face oral examination.
Frequently Asked Questions
What is a deposition upon written questions under Washington Rule 31?
It is a deposition where the questions are drafted and served in advance rather than asked live. An officer named in the notice puts the written questions to the witness, records the answers, and certifies the transcript, following the same procedures Rule 30 uses for an oral deposition.
How much time do the other parties get to add their own questions?
Any other party has 15 days after the notice and questions are served to serve cross questions. The original party then has 10 days to serve redirect questions, and after that, any party has 10 days to serve recross questions. The court can lengthen or shorten any of these periods for cause.
Can a deposition upon written questions be used for a corporate witness?
Yes. Rule 31(a) allows this format to be used against a public or private corporation, partnership, association, or governmental agency in the same way Rule 30(b)(6) allows for an oral deposition, meaning the entity designates a representative to answer on its behalf.
Who asks the witness the questions in a written deposition?
The officer identified in the deposition notice, not the party who drafted the questions. The officer proceeds under Rule 30(c), (e), and (f) to take the testimony, then certifies and serves the transcript along with the notice and the questions received.
Do I need a court order to depose someone this way?
No, unless the witness is confined in prison. A party may notice a deposition upon written questions without leave of court once the summons and complaint have been served, or the complaint filed, whichever comes first.
What happens after the deposition is completed?
The officer promptly notifies every other party that the deposition has been served and files that notice with the clerk of the court, so the record of completion does not rest solely with the party who requested the deposition.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the
Supreme Court of Washington. Last verified July 13, 2026. ·
Official source
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