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DE · rules

Del. Ct. Com. Pl. Civ. R. 31

Depositions of witnesses upon written questions

activein force · 2023-01-10 – presentact-effective-date

(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
aa4f8578f59ca46e74cf08d7ae4e509f02f4f56553b0754b5790068ce78ad0c8
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