Rule 31.Depositions by written questions

Not every deposition needs a lawyer in the room asking questions live. Rule 31 lets a party depose any person, including another party, by serving written questions instead, without needing the court's leave except when the deponent has already been deposed in the case without a stipulation allowing another round, or when the deponent is confined in prison. The party noticing this kind of deposition serves the questions on every other party along with a notice identifying the deponent, or a description of the deponent if unknown, and the name and address of the officer who will conduct the questioning. A public or private corporation, partnership, association, or government agency can be deposed this way too, following the same organizational-designation process used for oral depositions under Rule 30(b)(6).

Once the notice and questions go out, other parties get a chance to weigh in: cross-questions are due within 14 days of the notice and direct questions, redirect questions within 7 days of the cross-questions, and recross-questions within 7 days after that, though the court can shorten or extend those windows for good cause. The noticing party delivers copies of every question and the notice to the officer, who takes the deponent's testimony in response, prepares and certifies the deposition following the same procedures used for oral depositions, and sends the completed deposition to the noticing party along with copies of the questions and notice. That party then has to notify everyone else once the deposition is complete. If a party wants a different approach after written questions have been served, the court can step in and order the deposition taken orally instead, or issue any of the other protective orders available under Rule 30.