Group V: Depositions and Discovery · Last amended March 1, 2017 · Last verified July 14, 2026
In one sentenceRule 31 lets a party depose a witness through written questions submitted in advance rather than live oral examination, spelling out when leave of court is required and how cross, redirect, and recross questions get exchanged.
(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 must obtain leave of court, and the court must grant leave to the extent consistent with Rule 26(b)(1) and (2):
(A)if the parties have not stipulated to the deposition and:
(i)the deposition would result in more than 10 depositions being taken under this rule or Rule 30 by the plaintiffs, or by the defendants, or by the third-party defendants;
(ii)the deponent has already been deposed in the case; or
(iii)the party seeks to take a deposition before the time specified in Rule 26(d); or
(B)if the deponent is confined in prison.
(3)Service; Required Notice. — A party who wants to depose a person by written questions must 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 must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must 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 corpo- ration, 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 must be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within seven days after being served with cross-questions; and recross-questions, within seven 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 must deliver to the officer a copy of all the questions served and of the notice. The officer must 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 must notify all other parties when it is completed.
(2)Filing. — A party who files the deposition must promptly notify all other parties of the filing.
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
Rule 31 offers an alternative to the oral deposition governed by Rule 30: instead of a lawyer questioning a witness in real time, the parties submit written questions ahead of time and an officer reads them to the deponent, who answers on the record. A party can generally take this kind of deposition without asking the court first, and the officer can compel the deponent's attendance by subpoena just as in an oral deposition. Leave of court becomes necessary in the same situations that trigger it for oral depositions -- when the case already has ten depositions on file from one side, when the deponent has already been deposed once, when someone wants to depose before the normal discovery start date, or when the deponent is confined in prison. Depositions of an organization proceed the same way they would under Rule 30(b)(6), with the entity designating who will answer on its behalf.
Because there is no live questioning, the rule builds in a schedule for follow-up questions: opposing parties get 14 days from the notice to serve cross-questions, the noticing party gets seven days after that to serve redirect questions, and cross-examiners get another seven days for recross, though the court can shorten or lengthen any of those windows for good cause. Once the questions are set, the noticing party delivers everything to the officer, who takes the deponent's answers, certifies the transcript, and sends it back along with copies of the questions and notice. The party who set the deposition in motion has to tell everyone else once it is complete, and whoever files it with the court has to notify the other parties of that filing too. Written-question depositions are used less often than oral ones because they lack the ability to follow up on an answer in the moment, but the format remains available whenever the parties find it more efficient than a live examination.
Frequently Asked Questions
How is a deposition on written questions different from an oral deposition?
Instead of a lawyer asking questions live, the parties submit written questions in advance, and an officer reads them to the deponent and records the answers. Rule 31 governs the written-question format, while Rule 30 governs a live oral examination.
Do I need the court's permission to depose someone by written questions?
Usually not. Leave of court is required only in specific situations: when the deposition would push a side past ten total depositions, when the deponent has already been deposed in the case, when a party wants to depose before the normal discovery start date, or when the deponent is confined in prison.
How much time do the other parties have to submit cross-questions?
Rule 31(a)(5) gives other parties 14 days after being served with the notice and direct questions to serve cross-questions, seven days after that for redirect questions, and another seven days for recross-questions, though the court may shorten or extend these periods for good cause.
Who asks the deponent the written questions?
The officer before whom the deposition is taken reads the questions to the deponent and records the answers, then certifies and returns the transcript along with copies of the questions and the notice, following the same procedures used for an oral deposition under Rule 30(c), (e), and (f).
Can a corporation be deposed through written questions?
Yes. Rule 31(a)(4) allows a corporation, partnership, association, or governmental agency to be deposed by written questions in the same manner as Rule 30(b)(6) governs oral depositions of an organization, with the entity designating who will testify on its behalf.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the
Supreme Court of Wyoming. Last verified July 14, 2026. ·
Official source
Also known as:deposition on written questionswritten deposition wyomingcross questions depositiondeposition upon written interrogatories