DE · rules
Del. Ch. Ct. R. 31
Depositions Upon Written Questions
(a) 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 14 days after the notice and written questions
are served, a party may serve cross questions upon all
other parties. Within 7 days after being served with
cross questions, a party may serve redirect questions
upon all other parties. Within 7 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 file or mail the deposition,
attaching thereto the copy of the notice and the questions
received by the officer.
(c) Notice of Filing. When the deposition is filed the
party taking it shall promptly give notice thereof to all
other parties.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
b93a1d94b62c8258650cf61654706724835e5d6103badbeba2dce36bb5df09d9
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