Taking Depositions in Asia – Part 1: It’s not as difficult as you think

By Jodi Harmon, Director of International Depositions

Do you need to take depositions of witnesses in Japan, South Korea, Taiwan, Hong Kong or other Asian countries? If so, you should know that the previously held belief that doing so was too complicated, time consuming, problematic and expensive, is really not the case. All you need to do is work with Planet Depos Asia and its subsidiary, American Realtime Court Reporters, an agency that has years of experience in handling the legal requirements necessary to take depositions in Asia. Planet Depos Asia, the leading and most experienced provider of deposition services in Asia, has assembled helpful information to guide you through this tedious process. THE LAWS Information on the laws governing the taking of depositions in Asia can be found at the U.S. State Department website by inserting in the search box “Depositions in” and the Asian country for which you are seeking information. Also, checking the U.S. Consulate website in the host country can provide additional valuable information. For example, Googling “Depositions in Hong Kong” will lead you to the U.S. Consulate in Hong Kong. VENUE Read the Hague Convention on Taking of Evidence Abroad to help you determine whether you will be allowed to question the witness in his/her country. If so, must the deposition be taken at a U.S. Consulate or Embassy, or can it be taken in an office or conference room? We can help you find the solution, and we can accommodate your needs wherever that may be.

DID YOU KNOW… THAT DEPOSITIONS OF JAPANESE WITNESSES ARE OFTEN HELD IN SOUTH KOREA OR GUAM, WHERE THERE ARE NO RULES OR RESTRICTIONS ASSOCIATED WITH DEPOSING JAPANESE WITNESSES?

TIMING

• An interpreted deposition typically takes two to three times longer than an English language deposition, so you should schedule double or triple the time to make sure you have ample time to complete the deposition.

DID YOU KNOW… THAT USING A HIGHLY SKILLED INTERPRETER WITH VAST EXPERIENCE IN INTERPRETING TECHNICAL DEPOSITIONS CAN GREATLY SHORTEN THE TIME A DEPOSITION TAKES? CONTACT US TO LEARN ABOUT THE QUALIFIED JAPANESE, MANDARIN AND KOREAN DEPOSITION INTERPRETERS ON OUR TEAM.

• How soon do you need to take the depositions? Note that finding qualified professionals in the region on short notice who are both experienced in U.S. litigation and protocol may be difficult, so time is of the essence.
• Do those traveling from the U.S. have enough time to apply for the requisite visa, if applicable?

DID YOU KNOW… THAT PLANET DEPOS ASIA HAS AMERICAN COURT REPORTERS AND VIDEOGRAPHERS LIVING IN ASIA, SO THERE ARE NO TRAVEL EXPENSES FOR THE LAW FIRM OR THE CLIENT? CONTACT US TO LEARN MORE.

• Check the holiday and event schedule of the country in which the witness will be testifying. Many Asian countries close businesses on both U.S. holidays and their own local holidays, and witnesses may be reluctant to testify on those days. Further, international travel may be more expensive (due to holiday fares and blackout periods), and local travel may be challenging (due to parade routes and road closures.)

IS TELECONFERENCE OR VIDEOCONFERENCE A BETTER OPTION? If the deposition will be relatively short and the witness is cooperative, consider taking the testimony remotely. With attorneys remaining in the U.S. and the witness overseas, travel expenses for attorneys can be eliminated and time saved. When setting up depositions to be taken remotely, please consider the following:

• Due to heavy accents, even though the testimony will likely be taken through an interpreter, it can be challenging for the court reporter to hear every word perfectly via telephone or videoconference. Therefore, it is best for the court reporter and interpreter to be in the same physical location as the witness. Further, the on-site reporter can mark and be the custodian of the exhibits.
• Do you want the reporter to stream realtime over the Internet so that you and your team can monitor the testimony more closely?
• Do you want to preserve the testimony for trial presentation by video? If so, it will be necessary to retain the services of a local legal videographer who will conform to the Federal Rules of Civil Procedure related to video in the litigation setting and ensure the media will be admissible at trial.
• Consider the time difference. For example, Taiwan is 13 hours ahead of Eastern Standard Time and 16 hours ahead of Pacific Standard Time. If you do not have videoconference capabilities in your own office, this will significantly increase the cost.
• Reserve a conference room that has quality video or teleconference facilities to meet all of the above needs. Ask to run a test well before the deposition date.
• Have you considered mobile videoconferencing? This will allow you to attend the deposition and receive the text, audio and video feed from virtually anywhere.

Planet Depos Asia can guide you through the process of taking depositions in Asia and has American trained and certified stenographic court reporters, certified legal videographers, along with technicians and interpreters stateside and in Asia who will make what appears to be a complicated process as easy as 1-2-3. Up next: Part 2 – Hiring the team for your Asia depositions. Have you taken testimony in Asia? Share your experience with us below.