No Depositions Allowed

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There are countries that do not allow the taking of depositions.  Brazil, for example, does not permit the taking of depositions by foreign persons and considers such an act 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.  The question arises, then, what do you do if you need to depose a witness who resides in a country where depositions are not permitted?

If the witness is willing to travel, you can move the deposition to a nearby country which does permit the taking of depositions without prior permission from any Hague Central Authority, regardless of the nationality of the witness.  Finland could serve as an alternative to Russia, for example.  Hong Kong is frequently used to depose witnesses who reside in China, as depositions are illegal in mainland China.  Austria and Czech Republic are both members of the Schengen Area, making Czech Republic an ideal choice to depose your willing Austrian witness, as there will be neither passport nor immigration controls to make such cumbersome for your witness.

There is also your own travel to consider.  Generally speaking, when traveling internationally, you should have on your passport at least 6 months’ validity beyond your return date.  You should also 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.  You can also check the site for any travel alerts.  Keep the information organized to make completing any necessary steps easier.

If you have never 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.

In addition to giving expert travel advice, the reporter will technically enhance the deposition with realtime, allowing 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 as well adds value to your depositions abroad.  There are few things worse than experiencing technical difficulties, but with a skilled videographer, should any technical difficulties present themselves, they will be smoothly and speedily resolved.  The videographer can step in to assist with conference room reservations, making sure no detail is missed.  If anyone is participating via mobile videoconference, the videographer can monitor the connection to ensure no interruptions.

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