State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_31

Rule 31. Depositions uponwritten questions.

(a)        Serving questions;notice. – After commencement of the action, any party may take the testimony ofany person, including a party, by deposition upon written questions. Theattendance of witnesses may be compelled by the use of subpoena as provided inRule 45 provided that no subpoena need be served on a deponent who is a partyor an officer, director or managing agent of a party, provided the party hasbeen served with notice pursuant to this rule. Such a deposition shall be takenin the county where the witness resides or is employed or transacts hisbusiness in person unless the witness agrees that it may be taken elsewhere.The deposition of a person confined in prison or of a patient receiving in‑patientcare in or confined to an institution or hospital for the mentally ill ormentally handicapped may be taken only by leave of court on such terms as thecourt prescribes.

A party desiring to take adeposition upon written questions shall serve them upon every other party witha notice stating (i) 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 toidentify him or the particular class or group to which he belongs, and (ii) thename or descriptive title and address of the officer before whom the depositionis to be taken. A deposition upon written questions may be taken of a public orprivate corporation or a partnership or association or governmental agency inaccordance with the provisions of Rule 30(b)(6).

Within 30 days after thenotice and written questions are served, a party may serve cross questions uponall other parties. Within 10 days after being served with cross questions, aparty may serve redirect questions upon all other parties. Within 10 days afterbeing served with redirect questions, a party may serve recross questions uponall other parties. The court may for cause shown enlarge or shorten the time.

(b)        Person to takeresponses and prepare record. – A copy of the notice and copies of allquestions served shall be delivered by the party taking the deposition to theperson designated in the notice to take the deposition, who shall proceedpromptly, in the manner provided by Rule 30(c), (e), and (f), to take the testimonyof the deponent in response to the questions and to prepare, certify, and mailthe deposition, attaching thereto the copy of the notice and the questionsreceived by him.

(c)        Repealed by SessionLaws 2005‑138, s. 4, effective October 1, 2005. (1967, c. 954, s. 1; 1975, c.762, s. 2; 2005‑138, s. 4.)