DE · rules
Del. Fam. Ct. Civ. R. 31
Depositions upon written questions
(a) Serving questions; notice. When discovery is permitted by the Court, 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 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 that 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 30 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 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 manner provided by Rule 30(c), (e), and (f), to take
testimony of the witness in response to the questions and to prepare, certify and file, with a
party and/or the Court if required, 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.
History
Amended, effective Sept. 3, 1996.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
6a71859377788cfb56184486865263c77304ac2f54283e12f7a4d7726b0d20de
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