Depositions in Switzerland

By Neal Price

Arguably one of the most beautiful countries in Europe is the Swiss Confederation, or Switzerland.  With its gorgeous lakes, breath-taking mountain peaks, and lush valleys, Switzerland is a top tourist spot.  Switzerland is a land-locked country that is nestled in central Europe.  It shares its borders with Italy, France, Germany, and Austria.  Due to its centrality on the continent, Switzerland has played major roles in religious and political affairs throughout the centuries.  Although Switzerland is known for its neutrality regarding geo-political issues, one thing that might not be understood is its stance on discovery taking place by United States attorneys.

As a party to The Hague Evidence Convention, Switzerland will not allow depositions to take place within its borders without prior approval from the Federal Office of Justice.  Based on the U.S. Department of State’s website —

“Taking voluntary depositions in Switzerland is subject to prior authorization by the Federal Department of Justice and Police. Foreign requests must be addressed to the central authority of the canton where the evidence is to be taken or where the person to be deposed is located. To speed up the process, Swiss authorities recommend that you send a copy to the Federal Office of Justice, International Private Law Unit, 3003 Bern, Switzerland. The Swiss penal code provides that attorneys attempting to take a deposition or serve process in Switzerland outside of these authorized methods are subject to arrest on criminal charges.”

Based on an article by Christian Lang and Eliane Rossire, discovery, as it is known in the United States, is foreign to Switzerland.  All witness interactions regarding litigation must be held before a judge.  The Swiss view any deviation from these regulations as potentially damaging to the integrity of the case.

If it is decided that a deposition must take place, a Letter of Request for discovery must be submitted to the Federal Office of Justice; however, given the government’s stance on discovery, permission is rarely granted.  Some attorneys have tried to move the depositions to a neighboring country, such as France or Germany; however, they are also considered blocking nations.  The Department of State’s website should always be consulted when deciding how to conduct depositions in the EU and in which Country a deposition may be held. Look for coming blogs concerning France and Germany.

If you would like more information regarding discovery in Switzerland or elsewhere in Europe, please reach out to the International Scheduling team at Planet Depos.  We stand ready to assist you!