As global litigation increases, depositions in Asia continue to trend upward. Henderson Legal Services has managed hundreds of depositions in Asia. Attention to a few deposition scheduling details can make all the difference in having a successful outcome:
1. Know the deposition location nuances.
- In Japan, your deposition can only be held at the U.S. Embassy in Tokyo or the consulate in Osaka. Thus, these locations often are booked-up long in advance.
- In Taipei, the city is so large that a deposition location too far from your hotel may mean a two-hour drive.
- In India, the reporter must be invited by a local company to get a work visa.
2. Understand the local customs related to notaries.
- Generally, reporters in Asia are not notaries.
- Attorneys from both sides often agree to allow the reporter to swear in the witness even if the reporter is not a notary.
- If a notary is required, one must be scheduled separately.
3. Be sure to get a qualified interpreter.
- International conference interpreters may not be familiar with deposition procedures.
- There are 32 primary Asian language families and sub families plus additional dialects. Finding an interpreter with the right language but the wrong dialect can make for an inaccurate transcript.
- For technical depositions, interpreters need to have previous experience interpreting industry specific terms.
4. Make sure a responsible person from your U.S. based court reporting firm is available during your Asian time zone working hours.
- When a technical or logistical problem arises during your deposition in Asia outside of normal U.S. business hours, you need access to a live person 24/7 with your U.S. based court reporting provider.
- What you DON’T need is a voice mail box, an answering service, or a directory list of numbers to call.
- What you DO need in the middle of the night is a live person with your U.S. based court reporting firm to solve your issue. Make sure this person has 24/7 access to your exhibits, prior transcripts, video and deposition scheduling information.