Rule 31.Depositions by written questions

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 31 lets a party depose a witness using written questions delivered to the deposition officer instead of live oral examination, with its own notice, cross-question, and leave-of-court requirements, most often used for routine or low-conflict testimony.

Full Text of Rule 31

Text sizeJump to: (a) (b) (c)

(a) When a deposition may be taken.

(1) Without leave. A party may, by written questions, depose any person, including a party, without leave of court except as provided in Rule 31(a)(2). The deponent's attendance may be compelled by subpoena under Rule 45.

(2) With leave. A party shall obtain leave of court, and the court shall grant leave to the extent consistent with Rule 26(b)(2) if the deponent is confined in prison.

(3) Service; required notice. A party who wants to depose a person by written questions shall serve them on every other party, with a notice stating, if known, the deponent's name and address. If the name is unknown, the notice shall provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice shall also state the name or descriptive title and the address of the officer before whom the deposition will be taken.

(4) Questions directed to an organization. A public or private corporation, a partnership, an association, or a governmental agency may be deposed by written questions in accordance with Rule 30(b)(6).

(5) Questions from other parties. Any questions to the deponent from other parties shall be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 7 days after being served with cross-questions; and recross-questions, within 7 days after being served with redirect questions. The court may, for good cause, extend or shorten these times.

(b) Delivery to the officer; officer's duties. The party who noticed the deposition shall deliver to the officer a copy of all the questions served and of the notice. The officer shall promptly proceed in the manner provided in Rule 30(c), (e) and (f) to:

(1) take the deponent's testimony in response to the questions;

(2) prepare and certify the deposition; and

(3) send it to the party, attaching a copy of the questions and of the notice.

(1) Completion. The party who noticed the deposition shall notify all other parties when it is completed.

(2) Filing. A party who files the deposition shall promptly notify all other parties of the filing.

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Not every deposition needs a lawyer in the room asking questions live. Rule 31 lets a party depose a witness by written questions instead — the party serves the questions on every other party along with a notice identifying the deponent and the officer who will conduct the deposition, and leave of court is required only to depose an incarcerated witness.

Other parties get their own chance to weigh in: cross-questions are due within 14 days of the notice, redirect questions within 7 days after that, and recross-questions within 7 days after redirect, though the court can adjust those times for good cause. The party who noticed the deposition delivers all the questions to the officer, who asks the deponent each one, records the answers, certifies the deposition, and sends it back along with copies of the questions and notice.

Frequently Asked Questions

How is a deposition by written questions different from an oral deposition?

Instead of a lawyer asking questions live, the parties submit written questions in advance, and the officer conducting the deposition reads them to the deponent and records the answers.

What is the deadline for other parties to submit cross-questions?

Within 14 days after being served with the notice and direct questions, unless the court extends or shortens that time for good cause.

Do I need the court's permission to depose someone by written questions?

Only if the deponent is confined in prison; otherwise, leave of court isn't required.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 31). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: deposition by written questionscross questions deposition