Considerations in Planning and Taking Depositions Overseas

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With the global economy producing an ever-increasing number of cross-border transactions and the globalization of businesses’ services and value chains, litigators are called upon to handle U.S. disputes with international dimensions—including overseas depositions. It is increasingly essential for the U.S. practitioner to develop a working knowledge of the U.S. and foreign rules and practices governing overseas depositions.

While specifics will vary depending on the foreign jurisdiction involved and strategic considerations regarding the litigation at hand, overseas depositions typically involve three phases: first, initial planning and familiarization with applicable rules; second, obtaining authorization to conduct the deposition from the relevant U.S. authority (typically, a court) and the relevant authority in the foreign jurisdiction; and, third, preparing for and conducting the deposition.