§ 6-331.Depositions by written questions.

Article 3: Nebraska Court Rules of Discovery in Civil Cases. (Effective January 1, 2025.) · Last amended September 3, 2025 · Last verified July 22, 2026

This section prints two full, separately-dated versions in the official compilation (the January 1, 2025 discovery/pleading rewrite); both are shown below, current version first.

In one sentenceSection 6-331 lets a party depose a witness through written questions delivered to an officer rather than through live oral examination, setting the same leave-of-court triggers as oral depositions and fixed deadlines for other parties to submit cross, redirect, and recross questions.

Full Text of § 6-331

Text sizeCurrent version (effective January 1, 2025) — jump to: (a) (b) (c)

Prior version (in effect before January 1, 2025) — jump to: (a) (b) (c)

§ 6-331. Depositions by written questions. — Current version (effective January 1, 2025)

(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 by Rule 31(a)(2). The deponent’s attendance may be compelled by a subpoena that contains the information specified by Rule 30(b)(1)(E).

(2) With Leave. A party must obtain leave of court if:

(A) the party is a plaintiff and seeks to serve questions within 30 days after service of the summons, unless

(i) the parties stipulate that the deposition may be taken; or

(ii) the defendant has served a deposition notice in the action; or

(B) the deponent has already been deposed in the case and the deponent and the parties do not stipulate that the deponent may be deposed again; or

(3) Service; Required Notice. A party who intends to depose a person by written questions must serve the questions 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) Interpreter; Required Notice. If an interpreter will be used, the notice must also state that an interpreter will be used and state the language that will be interpreted or the type of interpretation (e.g., sign language). Rule 30(b)(5) governs who may serve as an interpreter.

(5) Questions Directed to an Organization. A public or private corporation, a partnership, an association, a governmental agency, or other entity may be deposed by written questions in accordance with Rule 30(b)(6).

(6) Questions from Other Parties. Any questions to the person 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 the cross-questions; and recross-questions, within 7 days after being served with redirect questions. The court may, for good cause, lengthen 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.

§ 6-331. Depositions by written questions. — Prior version (in effect before January 1, 2025)

(a) Serving Questions; Notice. 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 a subpoena that contains the information specified by Rule 30(b)(1)(B). The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.

A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating:

(1) 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 her or the particular class or group to which he or she belongs, and

(2) The name or descriptive title and address of the officer before whom the deposition is to be taken.

(3) If an interpreter will be used, the notice shall also state that an interpreter will be used and state the language that will be interpreted or the type of interpretation (e.g., sign language). The provisions of Rule 30(b) (5) govern who may serve as an interpreter.

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 30(b)(6).

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 30(c), (e), and (f), 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 received by him or her.

(c) The party taking the deposition shall give prompt notice to all other parties that it has been delivered by the officer before whom taken.

End

Amendment History

Current version (effective January 1, 2025)

adopted October 21, 2015, effective January 1, 2016; § 6-331 amended November 13, 2024, effective January 1, 2025; § 6-331 amended September 3, 2025.

Prior version (in effect before January 1, 2025)

adopted October 21, 2015, effective January 1, 2016.

Official Comment

Current version (effective January 1, 2025)

COMMENT TO § 6-331 It is unclear how often depositions are taken by written questions. But there are situations in which some parties prefer to take depositions by written questions rather than by oral examination. Therefore, § 6-331 has been retained and kept current. In 2015, the rule was amended to add provisions on interpreters. In 2024, the rule was amended to add provisions on when leave is required, to broaden the scope of the provision on deposing organizations, and to shorten the time for serving questions. § 3-661(a) and Comment to Rule 31 amended September 16, 2015, effective January 1, 2016; § 6-331(a)(3)

Prior version (in effect before January 1, 2025)

COMMENT TO RULE 31 This rule substantially follows the federal rule. It also incorporates the provisions of Rule 30 on interpreters. § 3-661(a) and Comment to Rule 31 amended September 16, 2015, effective January 1, 2016; § 6-331(a)(3)

Plain-English Summary

Not every deposition needs a lawyer in the room asking questions live. Section 6-331 lets a party depose someone — including another party — by serving written questions instead, following the same rules on when leave of court is required as apply to oral depositions: within 30 days of serving a summons (absent stipulation or a defendant’s own deposition notice), for a second deposition of the same person, or for someone in prison. The notice must identify the deponent, name the officer who will take the deposition, and flag any interpreter needs.

Other parties get to respond with their own written questions on a fixed schedule: cross-questions within 14 days of the original notice, redirect within 7 days after that, and recross within 7 days after redirect, though the court can lengthen or shorten those windows for good cause. The noticing party delivers all the questions to the officer, who takes the deponent’s testimony in response, certifies and prepares the deposition following the same procedures used for oral depositions, and sends it back with the questions and notice attached. The party who took the deposition then notifies everyone else once it is complete.

Frequently Asked Questions

Can I depose a witness without asking questions in person?

Yes. Section 6-331 lets a party depose anyone, including a party, by serving written questions instead of conducting a live oral examination.

When do I need the court’s permission to take a deposition by written questions?

The same situations that require leave for an oral deposition: taking a plaintiff’s deposition within 30 days after service of summons (absent stipulation or the defendant’s own deposition notice), redeposing someone already deposed, or deposing someone confined in prison.

How much time do other parties have to submit cross-questions?

14 days after being served with the notice and direct questions, unless the court lengthens or shortens that period for good cause.

What about redirect and recross questions?

Redirect questions are due within 7 days after service of cross-questions, and recross-questions within 7 days after service of redirect questions.

Who poses the questions to the deponent during this kind of deposition?

The officer named in the notice, who receives all the questions from the noticing party and puts them to the deponent, recording the answers.

Does the same officer certification and delivery process apply as with oral depositions?

Yes. The officer follows the same procedures for taking, certifying, and delivering the deposition as apply under the oral examination rule.

Source & verification. Section text and amendment history are reproduced verbatim from the Nebraska Judicial Branch, adopted by the Supreme Court of Nebraska. Last verified July 22, 2026. · Official source

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