Can you depose a willing witness in Mexico? Yes, taking U.S. depositions in Mexico is permissible and in general, you can depose willing witnesses in Mexico without any special formalities or involvement of foreign courts. Here is what the U.S. Department of State website has to say about taking depositions in Mexico https://travel.state.gov/content/travel/en/legal/Judicial-Assistance-Country-Information/Mexico.html:
Voluntary depositions may be conducted in Mexico regardless of the nationality of the witness, provided no compulsion is used. Oral depositions or depositions on written questions may be taken by U.S. consular officers or by private attorneys from the United States or Mexico at the U.S. Embassy, one of the U.S. Consulates or at another location such as a hotel or office, either on notice or pursuant to a commission. If the services of a U.S. consular officer are required to administer an oath to the witness, interpreter and stenographer, such arrangements must be made in advance with the U.S. embassy directly.
Mexico Deposition Basics
Where can the deposition in Mexico take place?
Depositions in Mexico can take place at the venue of your choosing, whether that be a hotel room, law firm office, conference room, or videoconferencing facility.
How early should we plan?
Give yourself about 4 weeks to plan. The further you plan ahead, the more likely it is that you’ll be able to locate and book the right
locally-based professional for your deposition.
Are there local resources (ie: court reporters, legal videographers) in Mexico?
Yes! We have locally-based court reporters in Mexico, which means minimal travel costs for you.
Have questions? Optima Juris is the leading agency covering U.S. depos in Mexico. We are happy to assist and answer any questions you may have. Please feel free to contact us at: [email protected], or visit our informational quote request page for Mexico at: http://optimajuris.com/court-reporter-mexico/
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Originally posted on January 29, 2014