The first step (and possibly the longest) in preparing to take depositions in India is to obtain a visa to enter the country. A visa is required for any U.S. citizen traveling to India, and the process to secure an Indian visa can be quite lengthy. It is recommended to allow at least 3 weeks for processing. The Embassy of India has outsourced the processing of visa requests to Cox & Kings Global Services (CKGS), which provides detailed instructions on their website. It is very important to review the hours of operation of the CKGS Application Center. You can track your application online and confirm when your documents are ready to be collected. It is highly recommended that you do so before visiting the application center to pick up your documents.
If travel to India is not possible for your team, you may wish to consider conducting your deposition via videoconference, or even mobile videoconference (provided your witness has access to stable internet). You could then take the depositions from your own office (or a reserved videoconference suite, if your office doesn’t have videoconference capabilities), with the reporter in the U.S. with you. It is worth noting, however, that if the deposition is being interpreted, it is best to have the reporter in the presence of the witness to minimize the difficulty of accurately taking down the record.
If you plan to travel to India for your deposition(s), you can rely on a court reporting firm to reserve a location – either a videoconference site, or a regular conference room. A court reporting firm with experience in scheduling depositions in India can research the hotel or business center to ensure the technology is in place to comfortably and effectively host your depositions. India’s major cities (Mumbai, for example) offer recognized hotel names which have the technology in place, as well as the luxury you expect from their brand. These hotels will offer services for printing and copying exhibits for your deposition, and your court reporter can assist in coordinating with the hotel’s business center to ensure the exhibits are ready prior to your deposition.
Another consideration when taking depositions in India, whether in person or via videoconference, is the fact that a U.S. subpoena is not binding in India, and a local court order is required for an Indian witness to testify under oath. Local counsel can assist with obtaining the order, and your court reporting firm can arrange for a commissioner to administer the oath to the witness. It is possible you may need to have both the commissioner and the court reporter swear in your witness, to satisfy legal requirements of both Indian and U.S. jurisdictions. Prior permission from the Indian Central Authority for the Hague Evidence Convention is required to take depositions of Indian and third-country nationals as well.
For more information on scheduling depositions in India, or anywhere, please contact International Scheduling at Planet Depos at 888-433-3767, or by emailing international@planetdepos.com.
