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RULE 31. DEPOSITIONS UPON WRITTEN QUESTIONS

July 25, 2011

RULE 31.01: 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 the use of subpoena as provided in Rule 45. 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 the person or the particular class or group to which the person belongs, and (2) 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 provisions of Rule 30.02(6).

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. [As amended July 1, 1979.]

RULE 31.02: 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 Rules 30.03, 30.05, and 30.06, to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by the officer. [As amended July 1, 1979.]

RULE 31.03: NOTICE OF FILING.

When the deposition is filed the party taking it shall promptly give notice thereof to all other parties. [As amended July 1, 1979.]

Advisory Commission Comments.

Rule 31 previously designated questions propounded to witnesses thereunder as interrogatories. The terminology has been changed to avoid confusion with Rule 33, which provides for interrogatories to parties. Written questions may be submitted to any witness, whether a party or not, under Rule 31. Rule 33 permits interrogatories to be served upon parties only. [1979.]

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