Do You Have A Question On Administering Oaths for a Deposition in Europe?
How is administering an oath for a depo in Europe handled when the case is filed here in the States?
Depositions are only part of the US legal system and do not take place in any other legal system.
Internationally reporters and videographers are not notaries as there is no necessity for them to have this qualification. Additionally Notary qualifications of US reporters and videographers are invalid once the notary is not on US soil. In other words a US Notary is only valid in the US or in a Consular office in any given country. A deposition can be taken in a consulate office in front of a Consular authority or Notary in most countries, however for many reasons this is not practical and is rarely done except where local rules dictate ( like Japan) so the following practice is followed.
Federal rules do allow for a person who is locally (in other countries) authorized to assign oaths to also swear in a witness.
“(a) The oath or affirmation may be made before any person within the United States authorized by law to administer oaths. An oath made in a foreign country, may be made before any diplomatic or consular officer of the United States authorized to administer oaths, or before any officer having an official seal and authorized to administer oaths in the foreign country “
Dependant on the country we are taking a depo in the Notary type ( In many countries they are attorneys) and costs of a notary vary greatly and are generally quite expensive. In London its around $500 for 20 minutes. To give you a sense of qualifications and validity, below is a brief summary of UK notary qualifications. “Notaries Public for England and Wales are enrolled under the rules of the Public Notaries(Practicing Certificates) Rules 1982 and 1991. They are regulated by the Court of Faculties of the Archbishop of Canterbury. The Court of Faculties is one of the oldest Courts in England. They also belong to a professional body, The Notaries Society of England and Wales. When acting as a Commissioner of Oaths they have to act in accordance with the Commissioners for Oaths Act 1889.”
As you can see Notaries are very expensive ( In many countries they are lawyers and charge by the hour ) and thus in 99% of depositions we take Worldwide the reporter will swear the witness in. As mentioned outside of the US reporters and videographer are not notaries, however, reporters routinely swear in the witness as long as both parties agree to this via stipulation and that is the general standard taken in depositions throughout the world with all international agencies, except in instances where a countries laws take precedence as in Japan etc.
Of course if the situation necessitates ( Protective orders, confrontational situations between parties etc) a notary can be provided in Europe and we can book as required.
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