Colombia to the Rescue! Deposing Witnesses in South America

In the vast continent that is South America, three giants pose a problem when it comes to depositions:  Brazil, Venezuela, and Ecuador.  None of these countries permits depositions.  Something else this trio has in common?  Neighboring Colombia!  Fortunately, for attorneys needing to depose a witness residing in one of the three afore-mentioned countries, Colombia does permit depositions regardless of the witness’ nationality.  Provided the Venezuelan, Ecuadorian, or Brazilian witness is willing to travel, you can move forward with your deposition in beautiful Colombia.

Colombia keeps things simple for depositions, too, making it that much more appealing to depose the witness here.  Colombia is a party to The Hague Evidence Convention, but not a high-maintenance one (that’s you, France), imposing no restrictions or requirements as far as location, and permitting U.S. consular officers or private attorneys to conduct the deposition.  Prime locations in major cities such as Bogota or Medellin are plentiful, and videoconferencing is a viable option if it isn’t practical for attorneys to attend in person.

If attending in person (lucky you!), here are some basic travel notes to remember:

1. No visa is required for U.S. citizens visiting for under 90 days.
2. A valid passport is required for entry into Colombia (best practice is to never travel internationally with fewer than six months’ validity remaining on your passport).
3. Be aware of the exit tax! This must be paid in cash at the airport upon departure, though it is usually included in the airline ticket – confirm with your airline.
4. Remember these international travel safety precautions.

If attending remotely, remember:

1. Conduct a test call to confirm the stability of the connection between sites.
2. Ensure all counsel are in agreement regarding the administration of the oath.
3. It is best if the reporter, interpreter, and videographer are with the witness to ensure a cleaner, more accurate transcript.

Planet Depos has been covering depositions in Colombia and worldwide for over 15 years.