Rule 31.Depositions by Written Questions

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 31 allows a deposition to be taken by serving written questions in advance, which the officer reads to the deponent — a lower-cost alternative to an oral deposition, with set times for cross, redirect, and recross questions.

Full Text of Rule 31

Text sizeJump to: (a) (b) (c)

(a) When a Deposition May Be Taken.

(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)(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 already has been deposed in the case; 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 corporation, 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 7 days after being served with cross-questions; and recross-questions, within 7 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.

End

Plain-English Summary

Not every deposition needs lawyers in a room firing live questions. Rule 31 lets a party depose a witness by written questions: the questions are drafted and served in advance, and the officer reads them to the deponent and records the answers. It is a cheaper option for routine or distant witnesses.

The same 10-deposition limit and leave requirements as oral depositions apply. Other parties add their own questions on a set schedule — cross-questions within 14 days after the direct questions, redirect within 7 days after cross, and recross within 7 days after redirect. Organizations are deposed through the Rule 30(b)(6) designation procedure, and the officer takes and certifies the testimony under Rule 30.

Frequently Asked Questions

What is a deposition by written questions?

Instead of questioning a witness live, the parties serve written questions in advance; the officer reads them to the deponent and records the answers. It is useful for routine or distant witnesses at lower cost.

How do other parties add their questions?

On a set schedule: cross-questions within 14 days after the direct questions, redirect questions within 7 days after cross, and recross-questions within 7 days after redirect.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: deposition by written questionswritten depositiondeposition upon written questionscross questions