Six Tips for Taking Depositions in India

By Suzanne Quinson

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!

1. 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.
2. 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.
3. 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).
4. 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.
5. 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.
6. 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 Also be mindful that rupee notes printed before 2005 are no longer valid; check your notes for the date.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.

Planet Depos covers depositions in India and throughout Asia, with reporters and videographers living in the region. For more information on depositions in India, or anywhere else, contact Planet Depos International Scheduling Department, at 888.433.3767 or international@planetdepos.com.