The Hague Evidence Convention and International Deposition

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Countries that take part in The Hague Evidence Convention – Image by “Evidence Convention” by L.tak – Own work.

Countries that take part in The Hague Evidence Convention - Image by Coordinating international depositions involves many steps and details.  Depending on the country playing host to your depositions, there may be more or fewer steps to take.  One of the first things to check is whether or not said country is a party to The Hague Evidence Convention, and if so, what extra procedures (if any) are in place regarding taking depositions.

There are over 50 parties to The Hague Evidence Convention, some of which require permission from the appropriate authority to take voluntary depositions of willing witnesses.   In addition, some impose restrictions on where depositions can be taken (Germany allows depositions to be taken only at the U.S. Consulate in Frankfurt, for example).  Attempting to take a deposition outside of authorized methods can lead to arrest on criminal charges in some cases (Switzerland, for example).  There are parties to The Hague Evidence Convention which do not permit the taking of depositions at all, such as China and Venezuela.  Other countries to the Convention do not require prior permission, nor do they impose any restrictions or requirements on the taking of depositions (for example, Spain).

A court reporting firm with international experience can alert you to any extra steps needed to coordinate your depositions.  They can also make recommendations regarding moving the location to another nearby country with less restrictive procedures in place.  Once all Convention procedures have been satisfied, your court reporting firm can make scheduling depositions abroad as simple a process as scheduling in the States.

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