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.
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!
Here at Elizabeth Gallo Court Reporting, we love to explore Legal Apps to help create balance for our clients and colleagues working in the Legal Industry. Sometimes our crazy work schedules make it hard to talk with our colleagues. Today, Amanda’s Legal Apps of the Week will explore an app that will make communication in the office clear as crystal.
This week’s Legal app is Slack
Slack is a chat app that can be used on a computer or cellphone. Thus, you can reach out or be reached wherever you are at. Additionally, you can message or call anyone in your team.
Slack also allows you to integrates your workflow by being compatible with dozens of productivity programs. This chat app creates space for customization and organization based on preference. For example, you may break down chat groups based on topics, projects, or any other issue that is relevant to your office.
Lastly, Slack instantly indexes and archives conversation, which makes searching easier.
Slack is available to download on iOs and Windows.