When To Use A Deposition By Written Questions

What Is A Deposition By Written Questions?

A deposition is an important discovery tool in every legal case. It gives attorneys and legal professionals the opportunity to interview key witnesses or parties in their case. Through these interviews, they’re able to glean the information they need to build a strong and factually sound case for their client. Unfortunately, an in-person deposition is not always possible with every witness or party involved. When this happens, deposition by written questions, also called DWQ, is often used.

Oral Depositions vs Written Depositions

Deposition by written questions is essentially the same as an in-person, oral deposition, only the attorney’s questions are written down and approved before the deposed person is required to answer them. Additionally, there is also a 20-day waiting period the attorney must abide by.

When Do You Use A Deposition By Written Questions?

Typically, a deposition by written questions is most commonly used when:

• A witness or party in the case is out of the country, unavailable, or otherwise unable to attend an oral deposition.
• It is cost-prohibitive to conduct an oral deposition.
• The person being deposed is a high-ranking official or representative. Deposition by written questions will offer them a way to avoid time-consuming oral depositions, but still contribute to the case.
• The person being deposed is in prison or incarcerated.
• The person being deposed only has a limited amount of pertinent information to provide.
• Medical, health, or other sensitive records are needed.

Here at LORR, we can help facilitate any deposition by written questions you may have. Within 24 hours of receiving your written deposition order, we will send out the notice of intention to the deposed party. We will also contact the opposing counsel within three days, and seek to waive the 20-day waiting period if allowed. Once we get your questions answered or your records delivered, we’ll deliver them bound, bates-labeled, and complete with all signed and notarized affidavits. LORR will even include a sealed copy for the court.

Need help getting your deposition by written questions? Contact LORR today. We can help!