Ecuador, Venezuela, and Brazil do not permit the taking of voluntary depositions of willing witnesses.  Therefore, if you have a witness living in one of these three countries, you will not be able to depose them there.  If your witness is agreeable, you may want to consider taking your depositions in Colombia, which does permit the taking of such depositions, and is a neighbor of the countries in question.  Per the State Department’s Judicial Assistance, though Colombia is a party to the Hague Evidence Convention, prior approval is not required before taking voluntary depositions of willing witnesses.  Colombia imposes no restrictions regarding the location of depositions, and allows for either U.S. Consular Officers or private attorneys to take depositions either on notice, or pursuant to a commission.

If you are a U.S. citizen, Colombia does not require a tourist visa for stays of 90 days or less.  Your passport must be valid at the time of entry (a good practice in general is to travel with no less than 6 months’ validity on your passport).  There is an exit tax which must be paid in cash at the airport upon departure.  This fee is often covered in your airline ticket, but it would be wise to check with your airline beforehand in case you will need to pay at the airport.

Aside from the logistics of getting to Colombia, taking depositions there is not much different than taking depositions in the United States.  Counsel must stipulate that they want the court reporter to administer the oath even though outside his/her jurisdiction.  A consular officer can be called upon to administer the oath if both sides cannot agree to stipulate, however.

You may want to consider digital exhibits for your depositions in South America (or anywhere outside the U.S.) to minimize paper, shipping, and related costs, while maintaining the security and confidentiality of the data.  Using paperless exhibits not only allows you to pack lightly, this technology is the most effective and efficient way to manage, access and display your exhibits from a laptop or iPad.

The capital city Bogota can host your depositions in style!  There are numerous 5-star hotels for your personal accommodations, as well as conference rooms and world-class restaurants. Bogota makes doing business a pleasure.  Bogota also hosts the Bogota Gold Museum, the Botero Museum, and Monserrate, a large mountain and popular pilgrimage destination, which you can access by foot, cable, car or train.  At the top of Monserrate, there is a church and a few restaurants, as well as breathtaking views of the surrounding area.