RULE 31
DEPOSITIONS UPON WRITTEN QUESTIONS
(a) Serving Questions; Notice. After the summons and a copy of the
complaint are served, or the complaint is filed, whichever shall first
occur, 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 him or the
particular class or group to which he 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 the provisions of rule 30(b)(6).
Within 15 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 30(c), (e), and (f), to take the
testimony of the witness in response to the questions and to prepare,
certify, and serve the deposition transcript, attaching thereto the copy of
the notice and the questions received by the officer, on the party taking
the deposition, unless the court orders otherwise.
(c) Notice of Service. When the deposition has been served, the officer
shall promptly give notice of its service to all other parties and file
such notice with the clerk of the court.
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