Taking Depositions in Germany for Use in US Courts | Practical Law

Taking Depositions in Germany for Use in US Courts | Practical Law

In Germany, counsel may seek to take a deposition of a witness for use in US proceedings using either formal or informal channels. Both may present challenges unfamiliar to US attorneys. A formal approach to taking a deposition is time-intensive, involves a rigid procedure, and the necessary participation of several players. By contrast, the informal approach to taking a deposition, while quicker and less burdensome, raises certain legal and practical challenges. This Note examines both the formal and informal approaches counsel may take to request and take a deposition in Germany.

Taking Depositions in Germany for Use in US Courts

Practical Law Practice Note w-002-9738 (Approx. 9 pages)

Taking Depositions in Germany for Use in US Courts

by Dr. Markus Burianski, White & Case LLP and Dr. Sonja Duennwald with Practical Law Litigation
MaintainedGermany, USA (National/Federal)
In Germany, counsel may seek to take a deposition of a witness for use in US proceedings using either formal or informal channels. Both may present challenges unfamiliar to US attorneys. A formal approach to taking a deposition is time-intensive, involves a rigid procedure, and the necessary participation of several players. By contrast, the informal approach to taking a deposition, while quicker and less burdensome, raises certain legal and practical challenges. This Note examines both the formal and informal approaches counsel may take to request and take a deposition in Germany.