Deposing a Witness in Canada (updated 2021)

Canada is a very popular locale for deposing witnesses in U.S. court cases. Before setting up your deposition in Canada, read through these important FAQs:

Can I depose a willing witness in Canada?

Yes!  Canada is a signatory to the Hague Evidence Convention, and 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:

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.

Are there court reporters in Canada for U.S. depositions?

Yes!  Optima Juris has local court reporters throughout Canada, which means little to no travel costs for you.  Get in touch to schedule a local court reporter for your Canada deposition.

Can I schedule a remote deposition in Canada?

Yes! Conducting your deposition remotely is a good option for attorneys who are unable to travel during the COVID-19 pandemic.

Optima Juris has two options for conducting your remote deposition:

  • Court Reporter with the Witness – One of our local court reporters will travel to the location of the witness and capture a verbatim record of the proceeding while the attorneys attend remotely.
  • Court Reporter NOT with the Witness – The witness, court reporter, and attorneys are all in separate locations. Our certified and trained court reporters will capture a verbatim record of the proceeding using our state-of-the-art technology from a remote location.

Can depos in Canada take place at any venue (hotel, conference room, etc.)?

Yes! Canada does not have any specific restrictions on where you can or can’t hold your deposition.  This gives you an endless amount of options to choose from.  Contact us to find out our favorite options.

More questions about depositions in Canada?

Our team of global deposition experts are ready to answer any questions you may have about depos in Canada.  As the knowledge leaders on international depositions, we have the expert knowledge and advice to make sure your depo in Canada goes as smoothly as it would in the U.S. Optima Juris has been conducting depositions without fail for over 21 years, and is the only firm that is 100% dedicated to international depositions with true global coverage.  Contact us today to find out more about deposition services in Canada.

About Optima Juris

Optima Juris has been helping law offices across the globe find the highest-quality certified court reporters, legal videographers, and interpreters for over 21 years. If you should have any questions about international depositions or international arbitrations, please do not hesitate to contact us or fill out a free quote to see how we can make your international deposition or hearing a complete success.