An Overview on Taking a Deposition in Europe

International depositions involve special planning and considerations. Europe encompasses several countries that have requirements or restrictions regarding the process of discovery. There are over 20 countries with special rules for taking depositions in Europe, in fact. 

Austria does not permit depositions at all. Denmark will technically allow depositions with permission from the Danish Ministry of Justice. However, the Ministry is reluctant to grant permission, effectively disallowing any depositions in Denmark. 

Research the country where you will be conducting a foreign deposition. Checking in with a global court reporting firm can help understand country-specific requisites ahead of time. 

Below are a few examples of the common types of requirements or restrictions related to depositions in Europe.

Prior Permission to Depose a Witness in Some European Countries

Prior permission for a deposition may be required in some countries. The Central Authority for The Hague Evidence Convention  or Ministry of Justice are the places that grant permission.  France, for example, requires prior permission to depose a French citizen or third country national (though not a U.S. citizen).  Other countries, like Sweden, require prior permission to take any deposition, regardless of the nationality of the witness.  

Typically, this permission should be requested at least six weeks in advance of your proposed deposition date(s).  In some instances (again, ), a court order issued by a U.S. court is required.

Three Fundamental Resources for Depositions in Europe

1. The Consulate

Whenever conducting business abroad, like depositions, check in with your U.S. Consulate. the consulate can help apprise you of local requirements and may be a necessary player in getting depositions legally arranged. 

Germany requires all depositions be conducted before a U.S. consular officer at the U.S. Consulate General in Frankfurt.  The German Ministry of Justice must also approve the deposition.  

It is worth noting that the Consulate in Germany is closed on the last Thursday of every month, as well as on German and most U.S. holidays.  As well, Monday’s deposition hours are restricted (1:00-4:30 pm), which should be taken into consideration when selecting deposition dates.

2. The U.S. Embassy  

The U.S. Embassy is also an important part of securing a reliable, legal deposition abroad. 

Norway is among the countries requiring prior permission from the Norwegian Central Authority for The Hague Evidence Convention. 

Like some other countries, Norway goes requires the U.S. Embassy to request this permission on behalf of U.S. attorneys.  It is best to submit the request via the Embassy at least four weeks prior to the desired deposition date(s).

3. A Court Reporting Agency with Local Presence

Scheduling coverage for your depositions in Europe can be the simplest part of the process.  Working with a court reporting firm with reporters and videographers living in Europe guarantees a locally available team with minimal travel costs. Your court reporting firm can reserve a conference room where you can depose the witness comfortably and with all the needed technology.

Connection and a professional staff that understands the added challenges of international depositions are essential to having depositions abroad go as smoothly as they do in the United States. Local help with depositions can: 

• Connect foreign or remote witnesses or legal team members
• Ensure timely filings and processing
• Respond same-day and in the time zone to local needs and logistics
• Provide same-day drafts to help with precious, reserved time
• Prepare materials in both English and the native language
• Help with cultural and linguistic translation
• Provide insight to local procedure
• Reserve rooms, travel, and accommodation
• Staff interpreters, videographers, court reporters, and support staff to help with depositions, meetings, and post-deposition shredding and summary

Realtime can be streamed to anyone participating off-site, regardless of where you are. Your reporter and videographer can take care of your exhibits, from printing them beforehand to shredding them at the conclusion of the depositions.

Getting an interpreter is easier with local agencies. Many Europeans speak at least some English. If you need an interpreter, an international court reporting firm with a strong presence in Europe will find a qualified professional. You’ll receive resumes from qualified candidates with appropriate background and experience, so you can select your preferred interpreter.

For more information on scheduling depositions throughout Europe, contact Planet Depos International Scheduling at 888.433.3767 or international@planetdepos.com.