Taking Evidence Abroad

Legal Language has the practical information and experience necessary to help you ascertain the procedure, cost, time-frame, and any potential setbacks in obtaining evidence located abroad.

We are known for our expertise in taking testimony and document production from reluctant witnesses located abroad and offer strategic approaches to obtaining such evidence. Additionally, we maintain a worldwide network of foreign attorneys with practical experience in supporting and defending US evidentiary requests before foreign courts.

Why Chose LLS?

Globally-Recognized Experts

Our attorneys and paralegals are globally-recognized experts in transnational litigation, serving as advisors to the Hague Conference on Private International Law in the development and revision of its deskbooks on the Hague Service Convention and Hague Evidence Convention.

Evidence-Taking Specialists

Generally speaking, foreign courts are extraordinarily wary of pre-trial discovery of any sort, so they are unwilling to assist litigants if requests are not formulated in a limited and very particular manner. (This is especially true in civil law systems, where the taking of evidence is considered a sovereign function of the court, rather than a practical function of counsel.)

Identifying that limited and very particular manner is our specialty.

35+ Years of Experience

Most online vendors who advertise their assistance with taking evidence abroad only provide assistance with the mechanics of the deposition; i.e. transcription, videography, and interpretation.

LLS is one of the only vendors that has successful experience with assisting attorneys in negotiating the procedures for taking evidence abroad including cross-examination of the witness and obtaining physical evidence.

Rely on Legal Language Services to:

  • Arrange voluntary depositions in compliance with foreign law
  • Authenticate government and business records
  • Retain support personnel in overseas jurisdictions
  • Provide linguistic support at all stages of litigation
  • Arrange verbatim transcription and/or videography

Taking Evidence via the HEC

For countries that are signatories to the Hague Convention, requests for evidence should be made via the Hague Evidence Convention. You can trust Legal Language to:

  • Ensure proper translation of Hague requests where necessary
  • Advise on blocking statutes and anti-fishing policies
  • Catalog foreign discovery documents
  • Qualify counsel to vet Hague Requests for compliance with foreign law
  • Track Hague Requests through foreign court systems
  • Provide local interpreters and court reporters
  • Negotiate with foreign judges regarding the logistics of deposition hearings, including special accommodations sought pursuant to Article 9 of the Convention

Legal Language has experience applying for and serving subpoenas on US nationals and residents located abroad pursuant to 28 USC §1783, and can advise on how such subpoenas should be coordinated with multilateral or bilateral judicial assistance agreements which may be in effect.

Taking Evidence via a Letter Rogatory

For countries who are not signatories to the HEC, requests should be made via a Letter Rogatory, i.e., a formal request for judicial assistance in gathering evidence.

Letters Rogatory are normally transmitted via a complicated maze of diplomatic channels. Such a multi-step procedure creates numerous chances for errors and omissions.

Trust the professionals at LLS to successfully request evidence via a Letter Rogatory.  Our attorneys are well-versed in the methods of writing requests and we can even provided translations where necessary.