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Rule 31 – Depositions upon Written Questions

May 13, 2021 | Civil Procedure, Maine

(a) Serving Questions; Notice. After commencement of the action, any party may take the testimony of any person, including a party, either within or without the state, 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 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 cross questions, a party may serve redirect 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 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.
(d) Depositions for Use in Foreign Jurisdictions. The deposition of any person may be taken in this state upon written questions pursuant to the requirements of the Uniform Interstate Depositions and Discovery Act, 14 M.R.S. §§401 – 408. The Maine Rules of Civil Procedure and the provisions of 16 M.R.S. §§101, 102, and 251 apply to depositions and discovery carried out under the Act.

Me. R. Civ. P. 31

Amended December 16, 2020, effective December 16, 2020.

Advisory Note – December 2020

Rule 31(d) is amended to bring the Maine Rules of Civil Procedure into conformity with the Uniform Interstate Depositions and Discovery Act.