International depositions sometimes involve extra planning and consideration.  Europe encompasses several countries imposing certain requirements or restrictions on the process of discovery – over 20, in fact.  In addition, Austria does not permit depositions, and though technically Denmark will allow depositions with permission from the Danish Ministry of Justice, the Ministry has been invariably reluctant to grant permission, effectively disallowing any depositions in Denmark.  Below are a few examples of the common types of requirements or restrictions related to depositions in Europe.

Prior permission required – usually from the Central Authority for The Hague Evidence Convention or Ministry of Justice.  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, France), a court order issued by a U.S. court is required.

To the Consulate! – 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 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.

Contact the U.S. Embassy – Norway is among the countries requiring prior permission from the (Norwegian) Central Authority for The Hague Evidence Convention.  Norway goes further in requiring 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).

Scheduling coverage for your depositions in Europe may actually be the simplest part of the process.  Working with a court reporting firm with reporters and videographers living throughout Europe guarantees a team will be available and with minimal travel costs.  Though on foreign soil, your depositions should go as smoothly as taking them in your own office in the States.  Your court reporting firm can reserve a conference room where you can depose the witness comfortably and with all the technology you need and expect.

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

Many Europeans speak at least some English, but should an interpreter be needed for your witness, a firm with a strong presence in Europe will find a qualified professional for your depositions.  You’ll receive resumes from qualified candidates with appropriate background and experience, so you can select your preferred interpreter.