Deposing a witness is a headache. There is coordination, fees, preparation, and numerous other things to consider. Deposing an international witness can be even worse. In addition to the standard procedures you have to undertake, there are other things to consider as well. What are the internal laws of the witness’s home country? Do you need an interpreter? Must you first submit a request through the Hague Evidence Convention?
While difficult, international depositions are by no means impossible. Proper preparation, like every other stage of litigation, is the key.
In addition, here are some helpful things to consider:
- What local laws are there where the witness is?
- Do you need a visa for you and the court reporter to perform the work in the foreign country?
- What oath requirements are there?
- Do you have to make travel arrangements for a diplomatic officer from a consulate?
- Can you compel testimony if the witness is unwilling?
- How can you reserve a location? Can this be done by video-conference?
Some countries strictly forbid pre-trial discovery, while others allow it in limited circumstances. Further, if the country is a member of the Hague Convention, that adds another layer of difficulty.
Certain processes can be used to get evidence without a deposition. Things such as letters rogatory and letters of request can be used. Thankfully, if you only need documentation, this is a much easier procedure. But, they can be time consuming and expensive.
However, you can tailor requests to your needs. It is important to talk to an expert in this area to determine what is right for your situation. Preemptively, the client should be warned that a substantial expense is forthcoming. Finally, be careful to not go on a fishing expedition.
While nursing mothers have had to endure shaming whilst breastfeeding in public – something that is likely not going to end any time soon – now they have the law on their side. Earlier this year, public breastfeeding became legal in all 50 states. This became possible thanks to two states – Idaho and Utah – that passed laws that protect breastfeeding mothers, according to a news report published by USA Today.
National Breastfeeding Month
August is National Breastfeeding Month. Accordingly, below is a list of rights and protections nursing mothers have in the United States.
- Mothers can now breastfeed anywhere, any time, in all 50 states, as well as the Virgin Islands, Puerto Rico and Washington, D.C.;
- 17 states have laws on the books that address breastfeeding mothers who are called for jury duty; some allow postponement of jury duty while others allow an outright exemption;
- Under ACA, the cost of breastfeeding pumps is covered at no cost to the mother, although the insurer can choose the brand and type (electric, manual or rental) that is covered under the policy;
- Lactation consultant costs are also covered at no charge by health insurance under ACA, including meetings with in-network consultants, domestic violence counseling, and gestational diabetes testing;
- Employers must provide break time for nursing mothers and a place to pump breastmilk, for up to one year after the baby’s birth, according to the Department of Labor;
- 29 states, in addition to the District of Columbia and Puerto Rico, have laws on the books regarding breastfeeding in the workplace;
- Six states, in addition to Puerto Rico, have encouraged the development of or implemented breastfeeding awareness education campaigns. These include California, Illinois, Minnesota, Missouri, Mississippi and Vermont.
Under Nevada law, the statutes note that breastfeeding a child is not considered a violation of indecent exposure laws, and that a mother may breastfeed in any private or public location, where the mom is otherwise allowed to be located.
Other Protections for Mothers
It is estimated that at least 180 countries across the globe have laws that guarantee some type of paid maternity leave. Only nine countries do not provide this benefit – Papau New Guinea, Surinam, six Pacific island nations, and the United States. In America, four states – California, New Jersey, New York, and Rhode Island – offer paid leave that is funded through payroll taxes.
The Bureau of Labor Statistics (BOL) reports that more than 41 million U.S. workers can not take a paid sick day to care for a child who is ill; moreover, a mere 12% have access to paid leave. According to the Atlanta-Journal Constitution, the state of Georgia ranks 44th in the nation when it comes to working mothers. And, under Georgia state laws, maternity leave is not mandatory; neither mothers nor fathers have extensive rights under its laws. Moms generally have the option to buy short-term disability insurance before getting pregnant – and this is how they are able to earn maternity leave after the baby is born. That being said, dads are unable to file a short-term disability claim under these insurance policies for parental leave.
Elizabeth Gallo Court Reporting’s Fun Legal Fact of the Week is here to help you get through the work week by sharing a random fact about American History, law, and more!
EGCR’s Fun Legal Fact of the Week: The Foreign Assistance Act
The Foreign Assistance Act was passed on September 4th, 1961. Also, it was an Act of the U.S. Congress. This particular act regrouped existing Foreign programs.
For example, it created its own agency. This agency is known as the The United States Agency for International Development. Additionally, it created its own yet separate military for non-military aid purposes.
On occasion, a case requires for an individual to be served, which can call for a Process Server. During these times, some may think a random person might be suitable to do the job. However, that is not the case. In fact, it is best to use a Professional Process Server. We at Elizabeth Gallo Court Reporting will list out reasons why it is best to hire a Process Server versus someone who does not work in the Process Service Industry.
Reasons Why You Should Hire a Professional Process Server:
- Unlike hiring a random individual, like a friend or acquaintance, Process Servers are trained and educated to perform this duty.
- Your paperwork will be overseen legally.
- They will have a proof of service.
- Guaranteed to be a neutral third party.
- Process Servers dedicate their careers in this line of work. Their experiences allows them to serve quickly and accordingly.
- It will help deflect problems for your case.
If you are interested in hiring a Process Server, Contact Us today for more information!