Depositions in Asia: Four Things You Need to Know to Avoid a Deposition Disaster

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.

When you require a disaster-free international or high profile deposition, contact the experts at Henderson Legal ServicesClick here to schedule a deposition or a live streaming demo.

Chip Henderson

Chief Executive Officer and Co-Founder