Taking Depositions in Mexico

By Neal Price

If you find yourself needing to take a deposition in Mexico, you’re in luck!  There are no Hague Evidence Convention restrictions regardless of the nationality of the witness.  What’s more, you can hold the deposition in any hotel, office, or conference room in the country.  Basically, it’s just like taking a deposition in the U.S. — as long as the witness is willing, you can proceed by simply issuing a Notice of Deposition.

Mexico has many accessible cities with international airports scattered throughout the country.  There are direct flights from the U.S. to the most popular locations – Mexico City, Cancun, Acapulco, and Cabo San Lucas.  If the city where the deposition is to be held is within driving distance, you’ll only need to find the nearest border crossing and travel to your location.  No need to worry about obtaining a visa as long as you’re not staying in the country for over 180 days.  Just make sure your passport is up to date with a suggested six months’ validity beyond the planned date of departure from the country.  Before you leave home, make sure you check out the U.S. State Department’s website for any travel warnings.  You can also enroll in STEP while you’re on the State Department’s website.[i]

Taking a remote deposition in Mexico

After careful consideration, you may decide that you don’t want to travel into Mexico.  Then what do you do?  You can attend remotely by any one of several means – teleconference, videoconference, or mobile videoconference.  Your court reporting agency should be able to assist you with setting up these convenient remote methods of attending the deposition.  If you decide to go this route, you’ll need to decide if the reporter should be in Mexico with the witness or attending remotely with you in the U.S.  Just keep in mind that if an interpreter is involved, it’s best to have the interpreter wherever the reporter is located so that the reporter can make an accurate record.

If you need assistance with setting up your next deposition in Mexico, please reach out to the Planet Depos International Scheduling Department who can assist you with everything from arranging for a court reporter, videographer, and interpreter to setting up conference rooms for your deposition.

[i] STEP is a program used by the U.S. State Department as a means for U.S. citizens who are traveling internationally to let the State Department know where they will be traveling. The traveler will provide contact information so the State Department can alert the traveler of any travel warnings, or what to do in case of an emergency.