After an unpredictable two years depositions may once again be taken in Germany! Stricter than some of its regional counterparts, Germany had indefinitely ceased in-person depositions due to Covid-19. As Covid-related restrictions ease across Europe, Germany has once again opened its doors to in-person depositions. With a detailed but manageable scheduling process, now is the best time to schedule depositions in Germany.

One of the stricter countries when it comes to depositions, German law prohibits the taking of in-person depositions in any location other than the U.S. Consulate in Frankfurt. Video and telephonic depositions are strictly verboten as well, so one should plan to have all participants appear in Frankfurt. It is advisable to reach out to the Consulate at germanyacs@state.gov as soon as possible with proposed deposition date/s. The German Government requires approximately 6 weeks to review and approve depositions – it is wise to start the scheduling process as far in advance as possible.

Once your deposition date/s are approved you must share additional case information with the Consulate – the U.S. Consulate General will require payment by money order or certified bank check and a copy of the notice of deposition, including:

• Case name
• Docket number
• Location of the U.S. Court where the case will be adjudicated
• Full name of all witnesses, nationality, complete German home address(esses) and phone number
• Function and relationship between the parties and the witnesses and the nature of their testimony
• Brief description of the case with special focus on the appropriate standards of the U.S. procedural and substantive laws

Two weeks ahead of your deposition/s you will also need to share a full list of participants (including nationality and role!), and an extensively detailed list of each attendee’s electronic equipment.

Although the process is more involved than in most countries, depositions in Germany can be taken with plenty of foresight and preparation.