Handling depositions in China can be a little tricky. Even though China is member of the Hague Convention, it does not permit the taking of depositions or witness statements (even from willing witnesses) in China for use in foreign courts. These restrictions also extend to remote and telephonic depositions being conducted in China. Beyond being merely frowned upon, participation in unauthorized depositions can result in serious sanctions, from deportation to the arrest and detention of attorneys and other participants. Even conducting a deposition in a hotel room with an oath by private persons could result in criminal penalties under Chinese law.
Workaround: Depose in a Neighboring Country
Here at Optima Juris, we cover depositions of Chinese witnesses all the time. The best solution is to have your witness travel from mainland China to Taiwan and take your deposition there. Depositions are completely legal and there are no restrictions for taking them outside of China. We have local court reporters throughout Asia who can help with this – feel free to contact us for rates and info.
Remote Depositions for Witnesses in China
As mentioned above, remote depositions are not allowed in China for use in foreign courts, but remote depositions are completely legal in neighboring Taiwan.
At Optima Juris we have two convenient 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.
Voltage and plug styles in Taiwan
TIME & DATE
Time & date in Taiwan
U.S. STATE DEPARTMENT
Taking Voluntary Depositions of Willing Witnesses
U.S. CONSULATE GENERAL
American Institute in Taiwan
If you have an upcoming deposition in China, we recommend that you contact us directly and we can advise you based on your particular situation. We are more than happy to find the best solution for your specific requirements!
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 20 years. If you should have any questions about international depositions, please do not hesitate to contact us or fill out a free quote to see how we can make your international deposition a complete success.