Deposing a Witness in Canada

Deposing a Witness in Canada

Canada is a very popular locale for deposing witnesses in U.S. court cases.  As a signatory to the Hague Evidence Convention, in general, you can depose willing witnesses in Canada without any special formalities or involvement of foreign courts. Here is the official statement from the U.S. Department of State website about taking voluntary depositions of willing witnesses in Canada: http://travel.state.gov/content/travel/english/legal-considerations/judicial/country/canada.html


There are no rules in Canada which prohibit foreign tribunals or litigants from taking evidence from a willing witness in private civil matters. Therefore, parties in a private civil case in the United States may arrange to depose a willing witness in Canada without prior consultation with or permission from Canadian federal or provincial authorities. The party seeking to take the deposition must arrange for a court reporter/stenographer and facilities in which to take the deposition; the U.S. Consulates in Canada do not have information on these matters, nor do they have space in which to hold the deposition.  If the parties involved in the deposition wish to have the witness take an oath before the U.S. Consul at any point in the proceedings, they should contact the American Citizens Services Section of the nearest U.S. Consulate prior to the date of the deposition and ask for an appointment to have the oath administered at the Consulate. Fees associated with consular depositions are at 22 CFR 22.1.  Canada does require prior permission for depositions conducted by prosecutors in criminal matters.

Compulsion of Testimony/Production of Documents: When a witness is unwilling to testify or when production of documents is required, litigants may petition a Canadian court directly to compel testimony or production of documents.  In these circumstances, the services of a Canadian lawyer will be necessary.

Always be sure to plan as far in advance as possible. The further you plan ahead, the more likely it is that you’ll be able to locate and book the right, Canada-based professional for your deposition.

Any questions? Optima Juris is the leading provider of U.S. depositions in Canada and we are happy to assist you in any way possible. Please feel free to contact us at any time at: depos@optimajuris.com, or visit our informational quote request page for Canada at: http://optimajuris.com/court-reporter-canada/

Ian Hardy
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Ian Hardy

President/Global Deposition Expert at Optima Juris
Ian Hardy is an internationally-recognized Global Deposition Expert and President of Optima Juris, the world’s first and only agency exclusively specialized in deposition services for U.S. legal matters abroad. With over 15 years of experience organizing depositions throughout Europe, Asia, the Middle East, Africa, Latin America, and Oceania, Ian now brings his know-how directly to the legal community.

Ian’s experience and expertise has made him the go-to source for understanding the issues and requirements for successfully arranging depositions outside of the U.S. As a valuable and active member of the international legal community, Ian regularly gives talks to law firms, domestic reporting agencies, and in-house legal departments on how to successfully set up and conduct legal depositions globally.

Ian is here to help! He wants every member of the legal community to achieve success when setting-up a depo in today’s rapidly globalizing world. So don’t be shy: get in touch with him today!
Ian Hardy
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