How to Depose a Danish Witness in The Netherlands

Denmark has declared, per Articles 15 and 16 of The Hague Evidence Convention, that depositions may not be taken in Denmark by diplomatic or consular officers without prior permission from the Danish Ministry of Justice.  Regardless of the witness’ nationality, the Ministry has been invariably reluctant to grant such permission.  As an alternative, it is possible to depose your Danish witness in the Netherlands.  Here, you can take voluntary depositions of willing witnesses regardless of nationality without having to obtain prior permission of the Central Authority of The Netherlands for the Hague Evidence Convention.

The Netherlands permits depositions to be carried out three different ways.

• The first option is to take the deposition before a district judge, who poses written questions to the witness on counsel’s behalf.
• The second option is to take the deposition before a Dutch notaris (an almost-judge, with considerably more powers than a typical public notary), who would pose the questions on counsel’s behalf.
• The third option is to take the deposition before a U.S. consular officer (usually the consular officer will administer the oaths then withdraw). To set up the third option, arrangements must be made in advance by contacting the U.S. Embassy in Amsterdam – S. Consulate – Amsterdam.   Telephone depositions are also permitted in the Netherlands.

As a party to the Schengen Agreement, the Netherlands doesn’t require a visa if your stay will be 90 days or less.  Your passport must be valid at least 90 days beyond your period of stay (it is advisable to travel with no less than 6 months validity on your passport at any given time).  You can be denied entry into the Schengen area if your passport isn’t valid for at least 90 days past your date of departure from the area.  You can even be refused boarding by the airline at your point of departure, so be sure to check your passport’s expiration date before booking travel.

The Netherlands is a beautiful country, renowned for her tulips, windmills and dikes.  The Rhine, Meuse, and Scheldt Rivers all reach the sea via the Netherlands, creating a delta.  Over a quarter of the Netherlands is below sea level; hence, the dikes, polders and weirs to keep the country dry.  Top things to see in Amsterdam include the Rijksmuseum, illustrating Dutch history from the Middle Ages to modern day; the Anne Frank House; and, of course, the Van Gogh Museum.

There are a few rules of Danish etiquette to keep in mind when deposing a Dane.  Relaxed, polite manners are appreciated.  Danes say “thank you” frequently.  Danes tend to be very private, and will rarely argue or show emotion publicly.  Interruption is viewed harshly.  Danes will speak in moderate tones and not draw attention to themselves, and will expect you to do the same.  It is important to maintain eye contact when speaking to someone.

For more information, visit https://planetdepos.com/locations/netherlands/.