Discovery Problems: Taking Depositions in Countries That Do Not Allow Depositions

There are countries that do not allow taking depositions for a number of reasons. This can obviously lead to numerous discovery problems that can make or break a case. So, what do you do if you need to depose a witness who resides in a country where depositions are not permitted?

Here are few countries that prohibit depositions and tips on nevertheless taking depositions that remain important to a case.

Why don't some countries allow depositions by foreigners? 

There are over 20 countries that have restrictions or prohibitions on depositions and legal discovery. There are good reasons, but the resulting discovery problems are nonetheless real. Brazil does not permit the taking of depositions by foreign persons. It is considered a violation of Brazil’s judicial sovereignty. Participating in such a deposition in Brazil can result in the arrest, detention, or deportation of the participants. Russia and Austria do not permit depositions at all. China does not allow depositions by foreign persons, but Hong Kong does. Make sure you check with whatever country you will be taking a deposition in prior to potentially violating the law. 

What to do about legal discovery problems if depositions are not allowed in a country

Move the deposition. Pay for the witness travel. Get an international court reporting agency that knows the local customs, laws, and procedures. If the witness is willing to travel, take the deposition in a nearby country that permits depositions without prior permission from any Hague Central Authority regardless of the nationality of the witness. 

Take steps to reduce discovery problems by preparing for local obstacles or challenges. Ask your court reporting agency about meeting the legal team and witnesses at stations or hotels to ensure travel. Avoid time zone problems by having an agency with people close-by who can communicate in a timely and colloquial manner.

Frequently used alternatives to native countries where depositions are prohibited or restricted: 

• Finland can serve as an alternative to Russia 
• Hong Kong is frequently used to depose witnesses who reside in China
• Czech Republic and Austria are both members of the Schengen Area, making Czech Republic an ideal substitute for Austrian witnesses as there will be neither witness passport nor immigration controls

Prepare legal team and court reporter travel 

There is also your own travel to consider. When traveling internationally, you should:

• Your passport should be valid for at least 6 months after your return date. 
• Have at least two blank pages for any entry stamps.  
• Check on visa requirements as early as possible, in case procuring any necessary visa is a complicated or time-consuming project.  The State Department lists entry requirements on its website.  
• Check the State Department site for relevant travel alerts.  
• Keep the information organized to make completing any necessary steps easier.

Local knowledge: The benefits of a court reporting agency

Hotel and accommodation recommendations and help. If you have not been to the deposition destination before, consider asking your court reporting firm for hotel recommendations. With reporters and videographers living and traveling abroad, they can provide knowledgeable recommendations based on your hotel preferences. Once you have arrived at your destination, the reporter and videographer can even tell you where to eat and shop. They can also tell you what places to avoid! Take advantage of their experience; your eyes and your stomach will thank you.

Technical aid. In addition to giving expert travel advice, the reporting agency, court reporter, and staff will technically enhance the deposition with:

• Realtime reporting
• Offsite streaming
• Same-day rough drafts
• Preparation and destruction of exhibits
• Language barriers
• Local procedural nuances
• Room reservations and tech setup
• Aid with technical difficulties

Realtime reporting allows you to immediately access testimony, on your own laptop or a loaner from the reporter. Realtime can also be streamed to offsite participants. You will also receive an instant rough draft at the conclusion of the day’s deposition. The reporter can handle the printing of your exhibits as well as their confidential destruction after the depositions are concluded.

The videographer also adds value to your depositions abroad. There are few things worse than experiencing technical difficulties. But, a skilled videographer will smooth out any technical difficulties. The videographer can step in to assist with conference room reservations, making sure no detail is missed. If anyone is participating via mobile video conference, the videographer can monitor the connection to ensure no interruptions. 

While discovery problems are inevitable dealing with international cases, international depositions are easier with support and insight. 

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