Embassy of the United States Tegucigalpa, Honduras

Last Updated: February 10, 2011

Honduras is not a party to any international convention or treaty on service of documents or obtaining evidence to which the United States is also a party.  Judicial assistance is governed generally by the Vienna Convention on Consular Relations to which the United States and Honduras are parties.

Only voluntary depositions of U.S. citizens can be taken by the U.S. Embassy on notice or pursuant to a commission and need not be taken on U.S. consular premises.

Depositions of non-U.S. citizens or depositions of unwilling witnesses must be taken pursuant to Letters Rogatory requesting the assistance of local judicial authorities.

For additional information, you may wish to visit the Department of State Travel website.

How to Request a Deposition

The request shall be made in writing either by mail addressed to American Embassy, Consular Section, ACS Unit, Avenida La Paz, Tegucigalpa, Honduras; or by fax at (504) 2238-4357; or by e-mail to usahonduras@state.gov

The request should provide the following information:

• Desired date, time, and place
• Name(s) of deponent(s)
• Names of all parties that will be present at the time of the deposition
• Are you looking to hold an oral, written, or phone deposition
• Will an interpreter/translator be required
• Will the services of a stenographer be needed or will the recording be done by non-stenographic means? Please note that there is no stenographer available in Honduras
• Will a consular officer be needed to administer oaths to witnesses and others
• Will the officer's presence be required throughout the proceeding or can the officer withdraw after administering the oaths, subject to recall?

Please note that consular officers have other statutory duties that must take precedence, in addition, consular officers are responsible for emergency services.  Consequently, arrangements for the logistics of a deposition may take the consular officer more time than they would for the requesting counsel.

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.  Given that there are no stenographers available in Honduras, the witnesses may write out their own responses.  The scheduling fee plus the attending fee apply, and the seal and certification if applicable.

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.  Counsel is responsible for providing the tape recording and videotape equipment.  Embassy equipment, when available, may be used to make a duplicate recording of the deposition but advise counsel that the consular officer will assume no responsibility for the quality of the recording.

Depositions or Live Testimony by Phone or Video

Consular officers may be called upon to administer oaths to witnesses, generally on consular premises, who will then be deposed by telephone or video from the United States.  The deponent will be scheduled at a specific date and time agreed upon by the requester and Consular Officers.  A fee will be charged accordingly (see fee chart below).

Depositions by Videoconferencing

Consular officers may be called upon to administer oaths to witnesses, who will then be deposed by video from the United States.  The deponent will be scheduled at a specific date and time agreed up on by the requester and Consular Officers.  A fee will be charged accordingly (see fee chart below).  In addition to the fees outlined below, the requester will have to pay for all costs related to the videoconferencing location and use of equipment.

Consular Role in Depositions

Resource constraints generally require that requesting counsel arrange for the presence or appearance of the witness, stenographer, interpreter and location for the taking of the deposition.  Consular officers assist only as necessary.

When translators or interpreters are required, the consular officer must be assured that a qualified interpreter is engaged.  Counsel must agree about the fees appropriate for such private persons and pay for the services.  Consular officers may not serve as interpreters or translators.

A deposition should be scheduled for a date and time mutually agreeable to the consular officer, counsel, and witness(es).

A minimum deposit (see schedule of fees below) 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 will be collected.

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

22 CFR 22.1 Schedule of Fees for Consular Services (July 2010)