§31.8 Strategic and Practical Considerations

• Jurisdiction: Washington

§31.8STRATEGIC AND PRACTICAL CONSIDERATIONS

Strategic and practical considerations under CR 31 and Fed. R. Civ. P. 31 are discussed below.

(1)Advantages

Depositions by written questions can be useful to elicit specific and limited testimony. The procedure is best used under circumstances in which the issues for deposition are narrow and will not produce unanticipated, complex responses. Although used infrequently, depositions by written questions can be advantageous in cases seeking medical records or when the hardships of taking an oral deposition would be significant, such as when witnesses are located abroad.

(2)Disadvantages

Depositions upon written questions do not allow the flexibility of oral depositions. Because the procedure does not allow for immediate follow-up questions or observation of a witness's responses to questions, oral depositions work better in terms of adapting questioning in real time and in judging reactions and demeanor.

Another disadvantage of depositions upon written questions is that opposing counsel has a significant amount of time to formulate cross examination questions. In depositions upon written questions, the questions must be served in advance, so the element of surprise is lost and the other side can spend time drafting precise cross examination questions to rehabilitate the witness and address issues posed by the direct questions.

(3)Time requirements

Propounding questions pursuant to CR 31 takes a minimum of 35 days. However...