The Court Order and Reserving the Deposition Room at the Embassy or Consulate

The process of preparing to take depositions in Japan can be quite cumbersome. The guidelines are strict and best broken down into chronological steps. Over the next few weeks, check Planet Depos -American Realtime’s blogs to see the process outlined for you, with helpful links to use as examples/guides.

Depositions in Japan can be taken only at the U.S. Embassy in Tokyo, Japan, or at the U.S. Consulate in Osaka, Japan. One of the first steps in preparing to take a deposition in Japan is to confirm the availability of the deposition rooms. The U.S. Embassy in Japan’s website lists and frequently updates the availability of deposition rooms at the U.S. Embassy in Tokyo and Consulate in Osaka. Once you have selected from available dates at the desired location, you can submit your reservation request, making sure to include the following:

• Requesting party
• Contact information
• Desired dates
• Desired deposition room: Tokyo/Osaka Large Room/Osaka Small Room
• Case name

The request for reservation can be emailed or faxed to:
Tokyo: tokyoacs@state.gov, 81.3.3224.5856
Osaka: aok@state.gov, 81.6.6315.5914

Payment of the $1,283 reservation fee is required to finalize the deposition room reservation, and must be made within three (3) weeks of requesting the reservation, or dates will be released without further notice. This fee is payable by international money order or certified bank check made payable to the U.S. Embassy, Tokyo, Japan, or to the U.S. Consulate General Osaka-Kobe, Japan. The fee is non-refundable, and must be paid in U.S. dollars, drawn on a U.S. bank.

Payment of the statutory fees for use of the deposition room ($309/hour) must be submitted (also payable only by international money order or certified bank check) at least six (6) weeks prior to the first deposition date. A full deposit of statutory fees must be received to ensure the depositions take place.

You will need to include a certified copy of your court order to take depositions in Japan, with the original seal attached to it. The court order must accompany your payment of the statutory fees. Payment of fees and the court order must be sent directly to the Embassy or Consulate within the set timeframe described above.

The court order is an integral part of the deposition process in Japan, and the language on the court order is very important. Each potential attendee who is not a resident of Japan must be listed, or they will not be able to obtain a deposition visa, and therefore, will be unable to attend the deposition. Also, it is imperative that their names are listed exactly as they appear on their passports. It is not necessary to list specific witness names when the deponents are corporate representatives.

The court order should be addressed to “Any Consul or Vice Consul of the United States assigned to Tokyo/Osaka, Japan” as appropriate. It is vital to include the words “on or about” with reference to the dates, to allow for maximum flexibility in scheduling. See a sample court order text here. Please note that if yours is an International Trade Commission case or pending in front of another Administrative Court, you must take your ITC recommendation to the District Court to issue the Japan Deposition Commission. Commissions issued by the ITC are not accepted by the Japanese government.

Once you have paid all reservation and statutory fees and have sent the certified copy of your court order to take depositions in Japan, you are ready to move on to Part 2 – Applying for a Deposition Visa. Check back next week for a breakdown of the deposition visa application process.