(1) SERVING QUESTIONS; NOTICE. (a) After commencement of the action, except as provided in s. 804.015, 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 subpoena as provided in s. 805.07. The attendance of a party deponent or of an officer, director, or managing agent of a party may be compelled by notice to the person to be deposed or his or her attorney meeting the requirements of s. 804.05 (2) (a). The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes, except when the person seeking to take the deposition is the state agency or officer to whose custody the prisoner has been committed. (b) A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating 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 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 limited liability company or a partnership or association or governmental agency in accordance with s. 804.05 (2) (e). (c) 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.
804.06.Depositions upon written questions.
Ch. 804: Depositions and Discovery · Last amended 1997 · Last verified July 15, 2026
In one sentenceSection 804.06 lets a party depose a witness through written questions rather than live oral examination, setting fixed deadlines for other parties to serve cross, redirect, and recross questions before the officer records the answers and notifies everyone the deposition has been served.
Full Text of Section 804.06
(2) 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 s. 804.05, either personally or by someone acting under the officer’s direction, to take the testimony of the witness in response to the questions and to prepare, certify, and serve the deposition upon, or mail it by registered or certified mail to, the party who requested it, attaching thereto the copy of the notice and the questions received by the officer.
(3) NOTICE OF SERVICE. When the deposition is served upon or mailed to the requesting party, the person who has recorded the testimony shall promptly give notice thereof to all parties and the court.
Official Notes
Judicial Council Note, 1990: [Re amendment of (2)] Discovery depositions are no longer required to be filed in court, unless the court so orders. See Supreme Court Order of May 1, 1986. Revised sub. (3) conforms practice under this section to s. 804.05 (7). [Re Order eff. 1-1-91]
Plain-English Summary
Instead of sending a lawyer to question a witness in person, a party can serve written questions on every other party, along with a notice naming the witness and the officer who will conduct the examination. That officer then puts the questions to the witness and records the answers, the same way an oral deposition would be recorded under Section 804.05.
The section builds in a structured back-and-forth for the other side to add its own questions. A party has 30 days after the notice and questions are served to serve cross questions, 10 more days after that to serve redirect questions, and 10 more days after redirect to serve recross questions. The court can shorten or lengthen any of those periods for cause.
Once the officer has gathered the answers, the officer certifies and serves the completed deposition on the party who requested it, attaching the notice and the questions received, and promptly notifies all parties and the court that service has occurred. Because a deposition on written questions can be taken of a corporation or similar entity the same way an oral deposition can under Section 804.05(2)(e), this method offers a lower-cost alternative when live cross-examination is not the priority.
Frequently Asked Questions
What is a deposition upon written questions?
It is a way to depose a witness by serving written questions on the other parties instead of conducting a live oral examination. The officer named in the notice puts the questions to the witness and records the answers under Section 804.06.
How long do other parties have to submit their own questions for the witness?
A party has 30 days after the notice and questions are served to serve cross questions, 10 days after that to serve redirect questions, and 10 more days after redirect to serve recross questions, unless the court enlarges or shortens the time for cause.
Who puts the questions to the witness in this kind of deposition?
The officer designated in the notice, who receives copies of all the questions served and then proceeds, personally or through someone acting under the officer’s direction, to take the witness’s testimony in response.
Can this method be used to depose a corporation?
Yes. Section 804.06(1)(b) allows a deposition upon written questions to be taken of a corporation, limited liability company, partnership, association, or governmental agency in accordance with Section 804.05(2)(e).
What happens once the deposition on written questions is completed?
The officer certifies the deposition, serves it on or mails it to the party who requested it along with the notice and questions, and promptly notifies all parties and the court that it has been served.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 671 (1975); 1975 c. 218; Sup. Ct. Order, 158 Wis. 2d xxv (1990); 1993 a. 112, 486; 1997 a. 133.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: deposition upon written questions wisconsinwritten deposition questions wisconsincross questions deadline wisconsin depositiondeposing a corporation by written questions