Are you scheduling an International deposition and need to know what steps you should take?
Do you know how to administer the oath or get a notary to swear in a witness?
These are just some of the challenges you can face when conducting international depositions.

When scheduling a deposition outside of the United States you should keep in mind most countries are very different from what you are used to here in the states. Technology, culture, logistics, and a general understanding of a country’s legal process can create challenging roadblocks for a deposition to be successful. The costs involved in conducting a deposition outside of the United States are very expensive but they can be much more if you do not make sure you have everything in synch for that crucial moment of the deposition. There are numerous checklist items you must go through in order to ensure you have the right court reporter, legal videographer and location and so much more.

Things to consider when scheduling an International deposition:

Time zone differential between all parties and locations involved: Simple tasks like scheduling a phone conference can take several days when you are dealing with another country that is on a 12 hour time differential.

Climate or weather can create a number of problems for depositions. You can experience challenges from a severe thunderstorm as it may impact the quality of a video conference because of the quality in technologies in the area.

News and events in the area: Make sure you are aware of any conflicts or incidents that might impact your deposition.

Holidays that could interfere with the deposition: Be aware of their holiday calendars or social events that may be occurring around your deposition. This can impact local travel or accommodations in a number of ways too.

Unwilling witness vs. willing witness: Make sure that you witness is a willing witness.

Translators: Don’t just get a translator make sure you have a GREAT one. You should always get guidance to ensure you have a great interpreter for your proceeding.

Equipment and services necessary to conduct business i.e. fax machines, printers, copiers, scanners

Are you video conferencing? You need to test your connections 3 days ahead of time….remember the time changes and how that will impact your ability to communicate.

Their business hours may not be our business hours. People often leave at 4:00 in many countries.

Communication systems: What capabilities do they have in place?

Cancellation policies: These are very time and cost sensitive so be aware.

How do you go about swearing in the witness for an International deposition?
Do you need a notary for your International deposition?
How can my court reporter swear in a witness outside the United States?

Call Olender Legal Solutions 866-420-4020 for assistance.

How do you commission someone to administer the oath outside the U.S.? Call our office and we can help you with this process.

Olender Legal Solutions has been providing international deposition services for over 35 years. Our team of international reporters, legal videographers, and interpreters ensure your event is seamless and successful. You can feel confident hiring Olender Legal Solutions that your case is in the hands of true professionals.

Schedule An International Court Reporter

Depositions outside of the United States are very costly, so you must put your deposition needs in the hands of true professionals with expertise in handling these type of matters. International countries have there own judicial rules, that is why Olender Reporting is the best choice at conducting depositions overseas. Our traveling reporters and those reporters who actually live overseas have a wealth of experience and energy for the rigors of international court reporting.

Olender Reporting is a global court reporting and litigation solutions company. We bring you the best-of-the-best reporters, videographers and interpreters, and are happy to supply résumés at your request, along with country-specific recommendations from personal experience. To schedule your international event, call Olender Legal Solutions at 866-420-4020 or schedule online.

For more information, please view our "Frequently Asked Questions" section.

Olender Legal Solutions can schedule all of your certified court reporting, certified legal videographer and video conferencing needs throughout the world. We have highly trained and certified court reporters that provide experience, expertise, accuracy and attention to detail and can handle any of your international litigation needs.

Rules For An International Deposition

604 Administration or Execution of Oath - 600 Parts, Form, and Content of Application

604 Administration or Execution of Oath

37 CFR 1.66 Officers authorized to administer oaths.

(a) The oath or affirmation may be made before any person within the United States authorized by law to administer oaths. An oath made in a foreign country, may be made before any diplomatic or consular officer of the United States authorized to administer oaths, or before any officer having an official seal and authorized to administer oaths in the foreign country in which the applicant may be, whose authority shall be proved by a certificate of a diplomatic or consular officer of the United States, or by an apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States. The oath shall be attested in all cases in this and other countries, by the proper official seal of the officer before whom the oath or affirmation is made. Such oath or affirmation shall be valid as to execution if it complies with the laws of the State or country where made. When the person before whom the oath or affirmation is made in this country is not provided with a seal, his official character shall be established by competent evidence, as by a certificate from a clerk of a court of record or other proper officer having a seal.

Rule 28. Persons Before Whom Depositions May Be Taken

(a) Within the United States.

(1) In General.

Within the United States or a territory or insular possession subject to United States jurisdiction, a deposition must be taken before:

(A) an officer authorized to administer oaths either by federal law or by the law in the place of examination; or

(B) a person appointed by the court where the action is pending to administer oaths and take testimony.

(2) Definition of “Officer.”

The term “officer” in Rules 30, 31 and 32 includes a person appointed by the court under this rule or designated by the parties under Rule 29(a).

(b) In a Foreign Country.

(1) In General.

A deposition may be taken in a foreign country:

(A) under an applicable treaty or convention;

(B) under a letter of request, whether or not captioned a “letter rogatory”;

(C) on notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or

(D) before a person commissioned by the court to administer any necessary oath and take testimony.

(2) Issuing a Letter of Request or a Commission.

A letter of request, a commission, or both may be issued:

(A) on appropriate terms after an application and notice of it; and

(B) without a showing that taking the deposition in another manner is impracticable or inconvenient.

(3) Form of a Request, Notice, or Commission.

When a letter of request or any other device is used according to a treaty or convention, it must be captioned in the form prescribed by that treaty or convention. A letter of request may be addressed “To the Appropriate Authority in [name of country].” A deposition notice or a commission must designate by name or descriptive title the person before whom the deposition is to be taken.

(4) Letter of Request — Admitting Evidence.

Evidence obtained in response to a letter of request need not be excluded merely because it is not a verbatim transcript, because the testimony was not taken under oath, or because of any similar departure from the requirements for depositions taken within the United States.

(c) Disqualification.

A deposition must not be taken before a person who is any party's relative, employee, or attorney; who is related to or employed by any party's attorney; or who is financially interested in the action.

Video Conferencing Around the World

Olender offers video conferencing locations worldwide. Save time, travel costs and hassle - without compromising the power of face-to-face meetings. Our state of the art facilities and equipment deliver secure, TV quality video conferencing for meetings with clients, colleagues and experts, depositions, interviews, or any meeting where participants are far away. Working with Olender Legal Solutions means having all of the video conference seamlessly coordinated and the quality controlled to the highest technical standards. From coordinating the video conference logistics, to providing the onsite service delivery, Olender Legal Solutions is here to support you.