In this episode, Jim Garrity explains how depositions by written questions work, and when to use them. Many lawyers have never deposed a witness this way. Garrity argues that this tool has value, and that you should experiment with them to gain both a working understanding of this option and to further expand your deposition skill set. There's a bonus PDF with this episode as well, available free upon request, as explained in the audio. And as always, the show notes contain full case citations to every case mentioned and more. Thanks for listening!

SHOW NOTES

Pueblo of Jemez v. United States of America, et al., 2017 WL 6512230, No. CV-12-800 RB/JHR (D. N. M. Dec. 19, 2017) (outlining procedure for depositions by written questions, and ordering that no lawyers would be permitted to attend)

Pace v. Lewis, 2021 WL 1377923, Case No. 19-22928-CV (S.D. Fla. Apr. 12, 2021) (also outlining, in footnote 4, the procedure for depositions by written questions)

Baker v. Immanual Medical Center, 2007 WL 1797642, No. 8:06 – CV – 655 (D. Nebraska June 19, 2007) (in footnote 3, noting that depositions by written questions are not bound by the same provision of rule 33 that limits the number of interrogatories)

Owens v. Degazio, 2019 WL 4929812, No. 2:16- CV-2750-JAMA K – JMP (rule addressing depositions by written questions does not limit the number of deposition questions that may be asked)

Downing v. Pacific Gas & Electric Company, et al., 2017 WL 11630759, Case No. EDCV 17-1047-DMG-KK (C. D. Calif. Oct. 27, 2017) (rejecting plaintiffs demand that defendant be forced to take her deposition by written questions)

Great American Assurance Company, et. al. v. Ride Solution, Inc., 2019 WL 13023801, No. 3:16-cv-372-J-32JBT (M. D. Florida June 7, 2019) (rejecting demand that newly-added defendant seeking to depose a previously-deposed witness and corporate representative be forced to conduct the depositions by written questions)

Fed. R. Civ. P. 31 (depositions by written questions)

Bonus PDF containing select filings from Pueblo of Jemez v. United States of America (available on request as explained in the episode)

**Added after episode was published**

Lee Roy Hernandez v. Groendyke Transport, Inc., Defendant., No. 3:21-CV-0108-D, 2022 WL 2064886 (N.D. Tex. June 8, 2022) (court rejected defense motion to compel non-parties to answer written questions as if they were interrogatories, saying, "[The notices] do not comply with Rule 31's requirements that an officer take the deponent's testimony and prepare and certify the deposition. See Crawford v. U.S. Dep't of Homeland Sec., 245 Fed. Appx. 369, 382 (5th Cir. 2007) (per curiam) (“Rule 31 of the Federal Rules of Civil Procedure clearly states that an officer is to take responses and prepare the record of depositions upon written questions.”); Dall. Buyers Club, LLC v. Doe-70.181.229.254, 2016 WL 3854547, S.D. Cal. July 15, 2016) (“[I]t is clear that depositions by written questions entail more than mailing questions to the deponents and awaiting their written response.” (internal quotation omitted))."