Embassy of the United States

Legal Information

Depositions

How to request a Deposition

The request shall be made in writing, stating the time and place for taking the deposition and the name and address of each person to be examined, if known.  If a name is not known, the notice must contain a general description sufficient to identify the person or the particular class or group to which that person belongs.

Types of Depositions:

Written Depositions
Written depositions are those where counsel are not present, but have provided questions in writing which are posed by the consular officer and answered orally by the deponent.

Oral Depositions
Oral depositions are those where counsel are present and pose the questions themselves.  They are preferred because counsel can adjust questions in light of the deponent's answers.  If attorneys agree, the consular officer may withdraw after the necessary oaths are taken.

Depositions by Phone
Consular officers may be called upon to administer oaths to witnesses, generally on consular premises, who will then be deposed by telephone from the United States.  Only the fee for administering oaths wil be charged, since the requesting counsel will ask the questions by telephone and responses will be recorded in the United States by stenographic or other means.

Depositions by Video Recording

1. Video Operations and Other Equipment: Counsel should also be aware that video-taping is not permitted in many foreign countries.  U.S. consular officers do not have professional expertise in the technical or legal aspects of recording depositions by other than stenographic means.  Requesting counsel must provide video-tape operators with specific instructions on any special procedures to be followed.  U.S. Consular officers can advise videotape operators that any specific instructions provided by American attorneys on stipulation by the parties/participants be included in the record of the deposition (22 C.F.R. 92.56 (special instructions).  American equipment may need special adapters, generators, etc. to function on different foreign electrical currents.  Consult the U.S. embassy or consulate for particulars.
2. Foreign Customs Requirements: If counsel intends to utilize video-tape equipment for the purpose of recording the deposition (Rule 30(b)(4) Fed. R. C.P.), please note that special foreign customs clearances must be obtained from the foreign country before such video equipment is transported into the foreign country or the equipment may be confiscated by the foreign authorities.  Contact the Embassy of the foreign country in the United States for guidance regarding customs requirements.  The address and telephone number of the foreign embassies are included in our Consular Information Sheets regarding foreign travel under "Entry Requirements" which are available via our home page.
3. Guidelines for Video Recording Testimony: See Guidelines for Pre-Recording Testimony on Videotape Prior to Trial, Federal Judicial Center, Washington, D.C., December 1976, 2d, FJC Pub. No. 76-3, FJC Information Service.  But see, Cumulative Digest of United States Practice in International Law, Department of State, Vol. II, 1429, 1430 (1994). Selected Cases (Not Comprehensive): See Wescott v. Neeman, 55 F.R.D. 257 (D.C. Neb. 1972) (Guidelines for Recording Depositions by NonStenographic Means); Colonial Times Inc. v. Gasch, 509 F. 2d 517 (D.C. Cir. 1975); In the Matter of Daniels, 69 F.R.D. 579 (N.D. Ga. 1975); Marlboro Products Corp. v. N. Am. Phillips Corp., 54 F.R.D. 487 (S.D.N.Y. 1972); Kallen v. Nexus Corp., 54 F.R.D. 610 (N.D. Ill. 1972); Buck v. Bd. of Education of the City of New York, 16 Fed. R. Serv. 2d 112, 113 (E.D.N.Y. 1972); Carson v. Burlington Northern Inc., 52 F.R.D. 492 (D. Neb. 1971). Selected Articles: Barber & Bates, Videotape in Criminal Proceedings, 25 Hastings L.J. 1017 (1974); Cunningham, Videotape Evidence: Technological Innovation in the Trial Process, 36 Ala. Lawyer 228 (1975); Darnieder, Videotaped Depositions, a Court Reporter's View, 34 Nat's Shorthand Rep. 13 (June 1973); Kornblum, Videotape in Civil Cases, 24 Hastings L.J. 9 (1972); Miller, Videotaping the Oral Deposition, 18 Prac. Law. 45 (1972); Valentino, Practice, Procedure and Forms under the Nebraska Videotape Deposition Statute, 8 Creighton L. Rev. 314 (1975); Annot., Recording of Testimony at Deposition by Other than Stenographic Means Under Rule 30(b)(4), 16 A.L.R. Fed. 969 (1973); Case Note, Evidence -- Admission of Videotape (Hendricks v. Swenson), 38 Mo. L. Rev. 111 (1973); Note, Review of Discovery Order Under F.R. Civ. P. 30(b)(4), 22 Wayne L. Rev. 179 (1975); Modernizing Trial Techniques and Management: Audio-Visual Testimony, Excerpt from Proceedings of the Judicial Conference of the Sixth Judicial Circuit of the United States, 58 F.R.D. 221 (May 1972).

Consular Role in Depositions

While the duties of a consular officer include contacting the witness(es) and acting as, or retaining, an interpreter/translator and stenographer, resource constraints generally require that requesting counsel arrange for the presence or appearance of the witness, stenographer, and interpreter at the consular section for the taking of the deposition.  Consular officers assist only as necessary.

The consular officer, as a rule, may not serve as interpreter or translator.  While 22 CFR 92.56 states that consular officers may act as interpreters/translators, few officers are fluent enough in technical aspects of languages to do so.  When necessary and practicable, the officer may see to it that a qualified interpreter is engaged.  Counsel must agree about the fees appropriate for such private persons and should pay for the services. 
A deposition should be scheduled for a date and time mutually agreeable to the consular officer, counsel, and witness(es).

A minimum deposit of US$410 must be paid to the Embassy or Consulate before a deposition can be scheduled.  The fee should be in the form of a certified check or money order payable to the post concerned.  It is used to cover consular officer and staff time in scheduling the deposition, and is not refundable if the deposition is canceled.  If rescheduled, another deposit should be collected.

If depositions are taken outside consular premises at some distance, appropriate fees for consular transportation costs will be charged.

Fees

SERVICES FEE
Non-Refundable Deposition Scheduling Fee: Two hours consular time required for scheduling, communication with counsel, and local authorities as applicable.  Additional 2 hour fee charged to reschedule US$410.

Hourly Deposition Fee: Generally US$200 (one hour consular time) x number of days payable in advance of taking of deposition.  If further consular participation required, hourly rate charged accordingly, payable in advance US$200.

Notarial Service for Closing Certificate: US$55.

Postage for Return of Transcript: Deposit payable in advance prior to taking of deposition based on consular officer's estimate for usual costs.

Packaging and Preparing Certification for Lengthy Deposition: One hour of consular time payable in advance of taking of deposition US$180.

Fees for Government Requests: No fees are charged for depositions at the request of U.S., state or local government officials.