Certain countries have a few extra or different steps when it comes to scheduling depositions. Depositions in Germany can be taken only at the U.S. Consulate in Frankfurt, for example, while Honduras requires a letter rogatory requesting judicial assistance from the Honduran courts when taking a voluntary deposition of a non-U.S. citizen. India presents its own challenges for those planning depositions here if the witness is Indian or a Third Country National residing in India. Below are some steps to keep the planning and scheduling process streamlined and stress free!
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Prior permission of the Indian Central Authority for The Hague Evidence Convention is not required to depose U.S. citizens, but is required to depose Indian and Third Country Nationals.
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A local court order will be needed to depose a non-U.S citizen, as a U.S. subpoena is not binding in India. Contact local counsel to assist in obtaining the order.
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India requires a visa for any U.S. citizens entering the country, and the process takes up to 3 weeks typically (through Cox & Kings Global Services).
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Recently, India made available the electronic tourist visa (eTV) option for visitors on casual business who will be in India for 30 days or fewer.
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The witness may need to be sworn in twice! A commissioner may be needed to satisfy Indian legal requirements and the court reporter/notary to satisfy U.S. legal requirements.
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Make sure to verify the technological capabilities of your hotel and/or the conference room location for the deposition – not all hotels in India offer stable internet.
India is a vivacious and exciting country to visit, even briefly for depositions. English is widely spoken, though it is wise to familiarize yourself with a few commonly used phrases in the local dialect. The cuisine is a spicy experience; be adventurous and enjoy! Major credit cards are widely accepted, but you may want to pick up some rupees as well. Just be sure to exchange at authorized dealers and get a receipt so you can convert leftover currency back before departure from India. Also be mindful that rupee notes printed before 2005 are no longer valid; check your notes for the date. Haggling is expected in nearly all transactions, so tap into your dramatic side and have at it.