Rule 2.307.Depositions on Written Questions

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.307 lets a party depose a witness by written questions instead of live examination, with a fixed sequence of cross-questions, redirect, and recross that each side can serve after the last round, and the officer conducting the deposition reads the questions to the witness and records the answers.

Full Text of Rule 2.307

Text sizeJump to: (A) (B)

(A) Serving Questions; Notice.

(1) Under the same circumstances and under the same limitations as set out in MCR 2.305(A) and MCR 2.306(A), a party may take the testimony of a person, including a party, by deposition on written questions. The attendance of non-party witnesses may be compelled by the use of a subpoena as provided in MCR 2.305. A deposition on written questions may be taken of a public or private corporation or partnership or association or governmental agency in accordance with the provisions of MCR 2.305(A)(6) or 2.306(B) (3).

(2) A party desiring to take a deposition on written questions shall serve them on every other party with a notice stating

(a) 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

(b) the name or descriptive title and address of the person before whom the deposition is to be taken.

(3) Within 14 days after the notice and written questions are served, a party may serve cross-questions on all other parties. Within 7 days after being served with cross-questions, a party may serve redirect questions on all other parties. Within 7 days after being served with redirect questions, a party may serve recross-questions on all other parties. The parties, by stipulation in writing, or the court, for cause shown, may extend or shorten the time requirements.

(B) Taking of Responses and Preparation of Record. A copy of the notice, any stipulation, and copies of all questions served must be delivered by the party who proposed the deposition to the person before whom the deposition will be taken as stated in the notice. The person before whom the deposition is to be taken must proceed promptly to take the testimony of the witness in response to the questions, and, if requested, to transcribe, certify, and file the deposition in the manner provided by MCR 2.306(C), (E), and (F), attaching the copy of the notice, the questions, and any stipulations of the parties.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

A deposition on written questions works like a paper version of an oral deposition. The party who wants it serves its written questions on everyone else along with notice identifying the witness and the person who will conduct the deposition. From there, the rule lays out a strict clock: the other side has 14 days to serve cross-questions, the original party then has 7 days to serve redirect questions, and the other side gets 7 more days for recross-questions, though the parties can agree in writing, or the court can order for cause, a different schedule. Once the volley of questions is done, everything gets forwarded to the person who will preside over the deposition, who puts the questions to the witness, records the answers, and, if asked, transcribes, certifies, and files the deposition the same way an oral deposition would be handled.

Frequently Asked Questions

How is a deposition on written questions different from a regular deposition?

Instead of a lawyer questioning the witness live, the parties exchange written questions in advance, and the officer conducting the deposition reads them to the witness and records the answers.

How much time do I get to respond with cross-questions?

14 days after the original questions are served to submit cross-questions, then 7 days after that for redirect questions, and 7 more days for recross-questions, unless the parties agree or the court orders a different schedule.

Who asks the witness the questions?

The person before whom the deposition is being taken, as identified in the notice, who also records the witness's answers and transcribes and certifies the deposition if a party requests it.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.307). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: deposition on written questions Michigancross-questions redirect recross deposition