You?ve worked hard to get your case in order, you?ve built up a proper strategy, and all the elements for your victory in court are imminent, but there is just one tiny little detail in your way: an out-of-state, or foreign, deposition.
Oftentimes, our star witness just happens to be right where we don?t need them ? and in the past, that would?ve been a huge problem. The complex legal measures that people must take to conduct a foreign deposition, and get the legal grounds for a foreign deposition subpoena, were quite extensive not more than a decade ago.
Today, some laws have made foreign depositions easier ? but there are still hurdles to be met and guided over, and decisions to be made that can cause a headache for many a litigator. A few tips for a successful foreign deposition are in order, then.
Firstly, have a willing witness. It?s easier to have a witness simply come to your state, without most of the legal fuss that is necessary to force them into that position.
If a deposition is out of the country, then you?re presented with far more difficulty. The first hurdle is border and international deposition laws. Some countries require explicit prior permission before arranging a foreign deposition. Other countries only allow depositions to be taken abroad in specific places, like a U.S. embassy. Take a look at where exactly your witness is, and do intensive research on what hoops and loops you have to jump through to get your witness on a stand in the United States.
Language is another barrier. Getting a good interpreter when your deposition will have to take place in a non-English speaking country is an essential must. Legal speak is already quite difficult and requires training to understand and implement ? it becomes far more difficult when used in a different, unfamiliar language.
In some cases, getting a deposition will be essentially hopeless ? especially if your witness is unwilling. If they are willing, you have much higher chances in countries that follow the Hague Convention ? but some signees, like China, make it impossible for American lawyers to even dream of foreign depositions.
If your witness is in another state, like Nevada, then an alternate measure to be taken is cooperation. You can cooperate with local law firms to get a foreign deposition subpoena on a witness in their own state, and through combined efforts, get your witness on a stand.
For any and all creditor?s rights and legal issues in the State of Nevada, the Law Office of Hayes & Welsh has got you covered.
