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Swearing in Witnesses on International Depositions

Administering the oath in Mexico for depositions

When conducting normal, day-to-day depositions inside the United States, most attorneys rely on their court reporter to swear in the witness. This works fine domestically, because nearly all court reporters are certified notaries in their state.

When you're taking your deposition in a foreign country things are a bit different. The majority of the time we are hired to provide court reporting services in Mexico City the attorneys stipulate on the record that the court reporter can administer the oath. Although this may not follow the procedures of the Hague Convention it is common practice for International depositions. We have also seen where attorneys have requested orders from the U.S.court where the case is filed. The Hague Convention was created after World War II to set a precedent for  the way countries agree to work together. The Hague Convention provides serveral ways in which a person can be deposed in different countries. One way it lists is to have the court commission the court reporter to administer the oath. Another is to contact the U.S. consulates office to take the deposition of a willing witness at that office. Within some larger cities, consular officials can even visit your deposition off-site to swear in your witness. Please be aware, they charge a hefty price for this service, and you may need to schedule it far in advance.

Reitz Worldwide does not offer legal advice and we encourage you to do research on the best way for you to conduct your deposition. These are just examples of what we have experienced when providing services.