Deposition by Written Questions: What to Know Before You Serve

When you need medical records, payroll data, or other information from a third party—one not directly involved in your case—you’ll most likely use DWQ or deposition by written questions. With a DWQ, you will draft questions, and those questions will be served directly to the party in advance (often to a records custodian
or human resources representative).

Do you need to depose a third party in your current case? Here are a few things to note before you get started:

·  You must notify the party first.

You can’t just serve a DWQ out of the blue. You must send an official notice to the party (as well as the party’s attorney) that details the name of the third party, the date, time, and place of the DWQ, and the information/documents being requested. This must be delivered at least 20 days before the DWQ is sent.

·  Only certain people can serve a DWQ.

A deposition by written questions can’t be
delivered by just anyone. As with subpoenas and citations, only district court clerks, county court judges, county court clerks, court reporters, and notary publics have the legal standing to serve a DWQ.

·  The other attorney can serve cross-questions.

If the other party in your case would benefit from questioning the witness or examining the requested documents, the attorney representing that party can submit cross-questions to the person. These must be served within 14 days of the initial notice. After that, the other party may also ask redirect questions (within seven days of the cross-questions) and recross-questions (seven days after the redirect questions.)

Most personal injury cases, or cases that require medical records of some sort, will use a deposition by written questions. If you want to ensure your DWQ is executed properly and per the letter of the law, contact LORR today. Our expert litigation support team
can ensure that you get the information you need quickly, easily, and affordably.