Section 6-331 - [Effective 1/1/2025] Depositions by written questions(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(C) the deponent is confined in prison.(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.(c) Notice of Completion. The party taking the deposition must notify all other parties when it is completed.§ 3-661(a) and Comment to Rule 31 amended September 16, 2015, effective 1/1/2016; § 6-331(a)(3) adopted October 21, 2015, effective 1/1/2016; amended November 13, 2024, effective 1/1/2025.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.