§ Rule 31 Depositions Upon Written Questions

Codes > Wyoming Rules of Civil Procedure > V Depositions > Rule 31

Rule 31. Depositions Upon Written Questions

    (a) Serving Questions; Notice; Limitations.

        (1) A party may take the testimony of any person, including a party, by deposition upon written questions without leave of court except as provided in paragraph (2). The attendance of witnesses may be compelled by subpoena as provided in Rule 45.

        (2) A party must obtain leave of court, which shall be granted to the extent consistent with the principles stated in Rule 26(b)(1)(B), if the person to be examined is confined in prison or if, without the written stipulation of the parties:

            (A) A proposed deposition would result in more than ten depositions being taken under this rule or Rule 30 by the plaintiffs, or by the defendants, or by third-party defendants;

            (B) The person to be examined already has been deposed in the case; or

            (C) The plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and complaint upon any defendant or service made under Rule 4(e), except that such leave is not required (i) if a defendant has served a notice of taking deposition or otherwise sought discovery; or (ii) if special notice is given as provided in Rule 30(b)(3), in which event all provisions of Rule 30(b)(3) shall be applicable.

        (3) A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating: (A) 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 (B) 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).

        (4) Within 14 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within seven days after being served with cross questions, a party may serve redirect questions upon all other parties. Within seven 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, Prepare Record, and Deliver Deposition; Notice of Delivery. A copy of the notice and copies of all questions served shall be delivered by the party initiating 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 deliver the deposition to the party initiating the deposition or as the parties otherwise agree, attaching thereto the copy of the notice and the questions received by the officer, and notifying all parties of the delivery.

    (c) Custody of Deposition. The party to whom the original deposition is delivered or any person having possession of an original deposition shall retain it and shall deliver it upon request to any party for filing with the court or for use at trial or hearing.