Taking Depositions in Asia – Part 2: Hiring the court reporter for your Asia depositions

By Jodi Harmon, Director of International Depositions

In part 1, you learned you can take depositions in Asia, and it’s not as difficult as you think. Now that you have decided to go forward with depositions in Asia, you will need to retain a court reporter, videographer and/or interpreter.

The first step is to choose the right company. Many court reporting companies tout their experience in covering depositions in Asia, but be sure to ask the right questions before you hire them so you don’t end up disappointed or with unexpected costs.

First and foremost, choose a U.S.-based company that not only understands U.S. litigation and American practices, but one which provides live customer service 24/7. This is important during the scheduling process, as well as while the depositions are ongoing, with time differences to Japan, Korea, Hong Kong, Singapore and Taiwan being 13 or more hours, depending on your home city.

Secondly, look at the number of years of experience the firm has covering and managing depositions in Asia. There are lots of legal challenges and hurdles to overcome. An experienced court reporting agency knows the process and can do all the heavy lifting for you, allowing you to concentrate on the needs of your client.

Third, is the court reporting agency able to provide you with qualified court reporters, videographers and interpreters? As most depositions in Asia are interpreted, realtime court reporters are an invaluable aid. The ability of attorneys and interpreters to view realtime containing foreign proper names and terminology, particularly during technical testimony that is typical in intellectual property cases, saves an enormous amount of time, which is essential in cases where testimony is limited by the court to only seven hours.

Further, receiving realtime allows the interpreter to have the verbatim question in front of him/her, reducing or eliminating interpretation errors and providing all parties with a clean rough draft of the entire proceeding. We’ll talk more about videographers and interpreters in our upcoming blogs.

For now, here are a few tips for hiring a qualified court reporter:

TIPS FOR HIRING A QUALIFIED COURT REPORTING AGENCY

CERTIFICATION & QUALIFICATIONS

• Does the firm have American court reporters who hold national and/or state certifications in the United States?
• Will the transcript include American spellings (criticize, analog, recognize, defense) and not British spellings (criticise, analogue, recognise, defence), which can complicate word index and word search capability?
• Does the court reporter have backup equipment readily available?
• Is it an American company that is familiar with the expectations of U.S. lawyers?
• Does the court reporting company follow the Federal Rules of Civil Procedure guidelines for transcript formats such that the transcripts will ultimately be admissible in U.S. courts?
• Does the court reporting agency have experience covering depositions for U.S. District Court and the International Trade Commission 337 cases?
• What is the court reporter’s rate of accuracy? Can he/she provide realtime in a technical matter with 99% accuracy or better, including Asian proper names and geographical terms?
• What is the court reporter’s experience in realtiming complex intellectual property cases?
• Can the realtime court reporter provide a clean rough draft within one hour of the deposition concluding?

LOCAL EXPERTISE THROUGHOUT ASIA

• Does the court reporting agency have reporters based in Asia so there are no travel expenses for your client?
• Are the court reporter and court reporting agency well versed in the varying voltage and wattage throughout Asia and have adapters and compatible equipment?
• Can the court reporting agency provide you with conference rooms?
• Does the court reporting agency have established relationships and corporate rates with hotels throughout Asia?

LOCAL EXPERTISE IN JAPAN

• Is the court reporting agency able to reserve a conference room at the U.S. Embassy or Consulate in Tokyo or Osaka even though you may have been told there is no availability?
• Can the court reporting agency act as a local liaison with the Embassy or Consulate?
• Can the court reporting agency cover depositions in Japan without your law firm obtaining deposition visas for them?
• Is the court reporting agency experienced and skillful at helping you through the voluminous bureaucratic procedures associated with taking depositions in Japan including the deposition visa process?

TECHNICAL REQUIREMENTS

• Is it standard for the court reporter to bring multiple realtime laptops to the depositions for attorneys or interpreters who have connectivity issues or choose not to carry their own laptop?
• Are the realtime court reporters on the ground in the country where the deposition is taking place? If not, what steps have been taken to ensure their equipment will arrive intact and on time in light of airport security, Customs and weight restrictions?
• Does the court reporting agency have a backup plan in place in the event of equipment malfunctions or equipment that may not arrive on time or at all?

PAYMENT

• Will there be travel expenses? Airfare, hotel, meals, taxis, travel days and other travel-related expenses add up quickly.
• Can you make payment in U.S. dollars to their U.S. office?
• Does the court reporting agency require payment in advance?

Arranging for a deposition in Asia has many moving parts. Working with a knowledgeable, responsive and experienced court reporting agency allows the legal team to remain focused on the strategic aspects of the case and the needs of their client.

Up next: Part 3 – Hiring the videographer