A Regional Guide to Depositions in South America (updated 2020)

Ian Hardy - July 22, 2020

Are there any restrictions on holding a U.S. depo in …

Yes
The taking of voluntary depositions of willing witnesses outside of making a formal request under the Hague Evidence Convention is not permitted in Argentina, regardless of the nationality of the witness.
Bolivia
Yes
Local authorities do not permit foreign persons, such as American attorneys, to take depositions for use in a court in the United States.
Yes
Brazilian authorities do not permit persons, such as American attorneys, to take depositions for use in a court in the United States.
Yes
The taking of voluntary depositions of willing witnesses is not permitted in Chile, regardless of the nationality of the witness.
No
Taking U.S. depositions in Colombia is permissible and in general, you can depose willing witnesses in Colombia without any special formalities or involvement of foreign courts.
Ecuador
Yes
The taking of voluntary depositions of willing witnesses is not permitted in Ecuador, regardless of the nationality of the witness.
Paraguay
Yes
Attorneys from the United States should contact local counsel to determine the availability of particular procedures.
Yes
Attorneys from the United States should contact local counsel to determine the availability of particular procedures.
Yes
Taking U.S. depositions in Uruguay is permissible. However, depositions must take place before U.S. consular officers.
Venezuela
Yes
Depositions of willing witnesses in Venezuela must be undertaken pursuant to a request to the Venezuelan Central Authority and in the context of the Venezuelan court system.

Countries That Require Visas for U.S. Citizens

Bolivia – A business visa is required for travelers with business, professional or commercial purposes.
Paraguay
Peru – A business visa is required for travelers with business, professional or commercial purposes.
Venezuela

You must obtain a visa from the appropriate foreign consular representative before proceeding abroad. Allow sufficient time for processing your visa application especially if you are applying by mail. Most foreign consular representatives are located in principal cities and in many instances a traveler may be required to obtain visas from the consular office in the area of his/her residence. Embassies & Consulates in the U.S.

Tips & Advice

Carry some cash.
While credit cards are accepted throughout South America, cash is still king when you are absolutely in a bind. While we aren’t saying to be a walking ATM, do have several hundred dollars on you just in case.

Get your paper work straight.
Do make sure everyone has a passport. Do make sure everyone has a visa if applicable. Do check the embassy rules as they are constantly updated. Also, see what items are included in your travel package (insurance, tipping, forms, etc).

Be a smart traveler.
Before heading overseas:
Organize comprehensive travel insurance and check what circumstances and activities are not covered by your policy.
Register your travel and contact details, so someone can contact you in an emergency.

Tipping Rules
To tip the cabbie, round up. For a typical ride, round up about 5-10 percent. If the cabbie hauls your bags and zips you to the airport to help you catch your flight, you might want to toss in a little more. But if you feel like you’re being driven in circles or otherwise ripped off, skip the tip.

Restaurant tips are more modest in South America than in the U.S. In most places, 10 percent is an acceptable tip. If you eat in a local place tips will be unexpected but highly appreciated

Useful Links

U.S. Department of State
Embassies & Consulates in the U.S.
U.S. Embassies Around the World
Visa Requirements for U.S. Citizens
Detailed List on Voltage Requirements

We are always here to help! Please don’t hesitate to contact us if you have any questions or would like to schedule a deposition in South America.

Ian Hardy

Ian Hardy is an internationally-recognized Global Deposition Expert and President of Optima Juris, the world’s first and only agency specialized in deposition services for U.S. legal matters abroad. With over 20 years of experience organizing depositions throughout Europe, Asia, the Middle East, Africa, Latin America, and Oceania, Ian is a leading expert in global deposition consulting and services.