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Rule 31

This rule was superseded on 11/1/2011. The current version of this rule is found at this page.

Rule 31. Depositions upon written questions.

(a) Serving questions; notice.

(a)(1) A party may take the testimony of any person,including a party, by deposition upon written questions without leave of courtexcept as provided in paragraph (2). The attendance of witnesses may becompelled by the use of subpoena as provided in Rule 45.

(a)(2) A party must obtain leave of court, which shall begranted to the extent consistent with the principles stated in Rule 26(b)(2),if the person to be examined is confined in prison or if, without the writtenstipulation of the parties,

(a)(2)(A) a proposed deposition would result in more thanten depositions being taken under this rule or Rule 30 by the plaintiffs, or bythe defendants, or by third-party defendants;

(a)(2)(B) the person to be examined has already been deposedin the case; or

(a)(2)(C) a party seeks to take a deposition before the timespecified in Rule 26(d).

(a)(3) A party desiring to take a deposition upon writtenquestions shall serve them upon every other party with a notice stating (1) thename and address of the person who is to answer them, if known, and if the nameis not known, a general description sufficient to identify him or theparticular class or group to which he belongs, and (2) the name or descriptivetitle and address of the officer before whom the deposition is to be taken. Adeposition upon written questions may be taken of a public or privatecorporation or a partnership or association or governmental agency inaccordance with the provisions of Rule 30(b)(6).

(a)(4) Within 14 days after the notice and written questionsare served, a party may serve cross questions upon all other parties. Within 7days after being served with cross questions, a party may serve redirectquestions upon all other parties. Within 7 days after being served withredirect 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 ofthe notice and copies of all questions served shall be delivered by the partytaking the deposition to the officer designated in the notice, who shallproceed promptly, in the manner provided by Rule 30(c), (e), and (f), attachingto the deposition the copy of the notice and the questions received.