§ 9-11-31.Depositions upon written questions

Chapter 11. Civil Practice Act · Article 5. Depositions and Discovery · Last amended 1972 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-31 lets a party depose any person, including an organization through a designated representative, by serving written questions along with notice naming the officer who will conduct the examination, gives other parties 30 days to serve cross-questions and successive 10-day windows to serve redirect and recross questions, and directs that officer to take the responses and prepare the deposition the same way an oral deposition is handled.

Full Text of § 9-11-31

Text sizeJump to: (a) (b)

(a) Serving questions; notice.

(1) After commencement of the action, 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 Code Section 9-11-45. The deposition of a person confined in a penal institution may be taken only by leave of court on such terms as the court prescribes.

(2) 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 him or the particular class or group to which he 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 partnership or association or governmental agency in accordance with paragraph (6) of subsection (b) of Code Section 9-11-30.

(3) Within 30 days after the notice and written questions are served, a party may serve cross-questions upon all other parties. Within ten days after being served with cross-questions, a party may serve redirect questions upon all other parties. Within ten 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.

(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 subsections (c), (e), and (f) of Code Section 9-11-30, 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 him.

End

Plain-English Summary

This section is the written-question counterpart to an oral deposition. A party serves written questions along with notice naming the person to be examined (or a description of that person, if unknown) and identifying the officer who will conduct the examination; an organizational deponent gets designated the same way it would for an oral deposition. Attendance is still compelled by subpoena, and deposing someone confined in a penal institution still requires leave of court.

The question-and-answer sequence runs on a set of cascading deadlines: 30 days after the notice and written questions are served for another party to serve cross-questions, 10 days after cross-questions are served for redirect questions, and 10 days after redirect questions for recross-questions — all subject to the court enlarging or shortening the windows for cause shown. The officer named in the notice then takes the delivered questions to the witness, records the answers, and prepares, certifies, and files or mails the deposition the same way an oral deposition’s officer would.

Frequently Asked Questions

What is a deposition upon written questions, and how does it differ from an oral deposition?

Instead of live oral examination, a party serves written questions that a designated officer puts to the witness, records the answers to, and certifies as a deposition.

How much time does an opposing party have to serve cross-questions?

30 days after the notice and written questions are served.

What are the deadlines for redirect and recross questions?

10 days after cross-questions are served for redirect questions, and 10 days after redirect questions are served for recross-questions.

Can these time windows be changed?

Yes, the court may enlarge or shorten them for cause shown.

Can a written-questions deposition be used to depose a corporation or government agency?

Yes, following the same organizational-designation approach used for oral depositions.

Amendment History

Ga. L. 1966, p. 609, § 31; Ga. L. 1967, p. 226, § 15; Ga. L. 1972, p. 510, § 4.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source

Also known as: deposition upon written questions Georgiacross-questions redirect recross Georgia depositionwritten deposition procedure Georgia