§ Rule 31 Written questions

Codes > Idaho Code > Idaho Court > Idaho Rules > Rule 31

Rule 31. Written questions

    (a) Depositions Upon Written Questions--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 the provisions of Rule 30(b)(6).

    Within 10 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 5 days after being served with cross questions a party may serve redirect questions upon all other parties. Within 3 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 mail the deposition, attaching thereto the copy of the notice and the questions received by the officer.

    (c) Notice of Preparation of Transcript and Filing Notice of Mailing. In all respects the procedure for notice of preparation of transcript and copies thereof and filing notice of mailing under this Rule shall be in accordance with the provisions of Rule 30(f)(3).

    (d) Orders for the Protection of Parties and Deponents. After the service of written questions and prior to the taking of the testimony of the deponent, the court in which the action is pending, on motion promptly made by a party or a deponent, upon notice and good cause shown, may make any order specified in Rule 30 which is appropriate and just or an order that the deposition shall not be taken before the officer designated in the notice or that it shall not be taken except upon oral examination.

    The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.