Rule 57.04.Depositions Upon Written Questions [Effective September 2, 2021].

Part I · Rule 57: Interrogatories and Depositions · Last amended September 2, 2021 · Last verified July 22, 2026

This rule prints two full, separately-dated versions in the official compilation (a pending or recent amendment straddle); both are shown below.

In one sentenceRule 57.04 lets a party depose a witness through written questions delivered to a designated officer, with the same leave-of-court limits as an oral deposition and set windows for serving cross, redirect, and recross questions.

Full Text of Rule 57.04

Text sizeEffective until September 2, 2021 — jump to: (a) (b) (c)

Effective September 2, 2021 — jump to: (a) (b) (c)

Rule 57.04. Depositions Upon Written Questions . — Effective until September 2, 2021

(a) Serving Questions; Notice.

(1)=ro After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon written questions, without leave of court, except as specified in paragraph (2) of this subdivision. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 57.09.

(2)=ro Leave of court, granted with or without notice, must be obtained only if:

(A)=ro the parties have not stipulated to the deposition and:

(i)=ro the deposition would result in more than 10 depositions being taken under this rule or Rule 57.03 by the plaintiffs, or by the defendants, or by the third-party defendants;

(ii)=ro the deponent has already been deposed in the case; or (iii)=ro the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and petition upon any defendant, except that leave is not required if a defendant has served a notice of taking deposition or otherwise sought discovery; or (B)=ro the deponent is confined in prison.

(3)=ro A party desiring to take a deposition upon written questions shall serve them upon 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 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 the provisions of Rule 57.03(b)(4).

(4)=ro Within thirty 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 Rule 57.03(d), (f), and (g), to take the testimony of the witness in response to the questions and to prepare, certify, and deliver the deposition, attaching thereto the copy of the notice and the questions.

(c) Notice of Delivery. When the deposition is delivered, the party taking it promptly shall give notice thereof to all other parties.

Rule 57.04. Depositions Upon Written Questions . — Effective September 2, 2021

(a) Serving Questions; Notice.

(2)=ro Leave of court, granted with or without notice, must be obtained only if:

(A)=ro the parties have not stipulated to the deposition and:

(i)=ro the deposition would result in more than 10 depositions being taken under this Rule or Rule 57.03 by the plaintiffs, or by the defendants, or by the third-party defendants;

(4)=ro Within 30 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 10 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 10 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 Rule 57.03 (d), (f), and (g), to take the testimony of the witness in response to the questions and to prepare, certify, and deliver the deposition, attaching thereto the copy of the notice and the questions.

(c) Notice of Delivery. When the deposition is delivered, the party taking it promptly shall give notice thereof to all other parties.

End

Amendment History

Effective until September 2, 2021

Adopted March 29, 1974, eff. Jan. 1, 1975. Amended June 1, 1993, eff. Jan. 1, 1994; Amended Sept. 28, 1993, eff. Jan. 1, 1994; Amended eff. August 28, 2019.

Effective September 2, 2021

Adopted March 29, 1974, eff. Jan. 1, 1975. Amended June 1, 1993, eff. Jan. 1, 1994; Amended Sept. 28, 1993, eff. Jan. 1, 1994; Amended eff. August 28, 2019; Amended eff. September 2, 2021.

Plain-English Summary

Rule 57.04 offers an alternative to the oral deposition: testimony taken by written questions that an officer poses to the witness on the record. It carries over the same threshold rules as Rule 57.03 — no leave of court is needed after the action commences, except where the parties have not stipulated and the deposition would exceed 10 total for a side, the deponent has already been deposed, the plaintiff is moving too early relative to service on a defendant, or the deponent is confined in prison.

The party taking the deposition serves the written questions on every other party along with a notice identifying, so far as known, the person who will answer and naming the officer before whom the deposition will be taken. An organization can be deposed this way too, following the same designation procedure Rule 57.03(b)(4) sets out for oral depositions. Once the notice and questions go out, the other parties get a structured window to respond in writing instead of live: 30 days to serve cross-questions, then 10 days after that to serve redirect questions, then 10 more days to serve recross questions, unless the court enlarges or shortens those periods for cause.

The officer named in the notice receives copies of the notice and all the questions, then takes the witness’s testimony in response, following the same recording, signature, certification, and delivery procedures that apply to oral depositions. Once the deposition is complete and delivered, the party who took it must promptly notify every other party.

Frequently Asked Questions

What is a deposition upon written questions?

A deposition where the questions are prepared and served in advance instead of asked live; an officer named in the notice then poses the written questions to the witness and records the answers, following the recording and certification procedures used for oral depositions.

Does this rule have the same leave-of-court limits as an oral deposition?

Yes. Court permission is required in the same situations as Rule 57.03 — more than 10 depositions for a side without stipulation, a deponent already deposed in the case, a plaintiff moving too early relative to service on a defendant, or a deponent confined in prison.

How much time do I have to serve cross-questions?

30 days after the notice and written questions are served, unless the court enlarges or shortens that period for cause.

What about redirect and recross questions?

Redirect questions are due within 10 days after being served with cross-questions, and recross questions are due within 10 days after being served with redirect questions.

Can I depose an organization by written questions?

Yes, following the same designation procedure set out in Rule 57.03(b)(4) for oral depositions of a corporation, partnership, association, or governmental agency.

Who asks the witness the questions?

The officer named in the notice, who receives the notice and all the questions from the party who took the deposition and then puts them to the witness on the record.

Source & verification. Rule text and amendment history are reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the Supreme Court of Missouri. Last verified July 22, 2026. · Official source

Also known as: deposition on written questions missouriwritten deposition questions missouricross questions deposition missourideposition officer missouri