Deposition Upon Written Questions Information
How it works: the noticing party submits written questions (direct questions), the opposing party may submit cross-questions, the noticing party may submit redirect questions, and the opposing party may submit recross questions. The deposition officer (court reporter or notary) reads the questions to the witness and records the answers. Advantages: less expensive than oral depositions (no need for attorney travel or attendance), efficient for gathering routine or uncontested facts, and useful for distant witnesses. Disadvantages: no ability to ask follow-up questions based on the answers, no opportunity to observe the witness's demeanor, and the questions must be prepared without knowing the witness's responses.
Florida Legal Definition
Depositions upon written questions in Florida are governed by Florida Rule of Civil Procedure 1.320 (Depositions Upon Written Questions). Under Rule 1.320(a): a party may take the deposition of any person by serving written questions on the deposition officer. Under Rule 1.320(b): the cross-questions must be served within 30 days of service of the direct questions. Under Florida practice: depositions upon written questions are less commonly used than oral depositions (oral depositions provide more flexibility and the ability to follow up on answers). Under Florida practice: depositions upon written questions are commonly used for: custodians of records (to authenticate documents) and distant witnesses (where travel for an oral deposition is impractical).
How It's Used in Practice
Attorneys use depositions upon written questions strategically. For the noticing party: prepare clear, specific questions that anticipate the witness's likely responses, limit the scope to routine or factual matters (not complex or contested issues), and use the deposition to authenticate business records or establish foundational facts. For the responding party: review the questions and prepare cross-questions, object to improper questions (form, privilege, and relevance), and advise the witness on the procedure. The attorney advises: written depositions are best for routine fact-gathering; complex, contested issues require oral depositions where follow-up questioning is essential.
Key Takeaways
- Deposition upon written questions: testimony via pre-written questions.
- Rule 1.320: FL procedure.
- Cost-effective alternative to oral deposition.
- No follow-up questions; limited flexibility.
- Best for: record custodians and routine facts.
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC