Karen Fahr - May 11, 2023

It can be challenging to schedule a deposition in India due to the extra steps involved. Though prior permission from the Indian Central Authority is not needed when deposing U.S. citizens – it is required to depose Indian and Third Country Nationals. Another step to know is India requires that all U.S. citizens traveling to India will need to apply for a business visa. But don’t worry! Optima Juris has over 23 years of experience setting up depos in India, and we put this easy-to-read guide on how to set up a hassle-free deposition in India.

7 things you need to know before scheduling a depo in India

1. Location Restrictions: Taking voluntary depositions of U.S. citizens in India can be conducted without prior permission. However, voluntary depositions of Indian or third country nationals will require prior permission from the Indian Central Authority for the Hague Evidence Convention.
2. Plan Early: Give yourself a minimum of 4 weeks to plan, because it will take some time to get your business visa. The further you plan ahead, the more likely it is that you’ll be able to locate and book the right professionals for your deposition.
3. Visa Requirements: All U.S. citizens traveling to India will need to apply for a business visa before travel. To get a business visa, you will need a Letter of Invitation from an Indian law firm or Indian company. The Government of India has appointed VFS Global to assist with visa services to individuals in the United States. Applicants may apply for Indian visas through the application link https://visa.vfsglobal.com/usa/en/ind/apply-visa.
4. Depo Venue: Once approved, depositions in India can take place at the venue of your choosing, whether that be a hotel, law firm office, conference room, or videoconferencing facility.
5. Depo Options – Should you attend in-person or remotely?
1. Attending In-Person: Attorneys travel to the witness location. Optima Juris arranges a local reporter, videographer, and interpreter (if needed) closest to the witness.
2. Hybrid Deposition: Attorneys participate remotely via ZOOM. The court reporter and legal videographer (if needed) are physically present with the witness. Interpreters can also attend remotely if the service is required.
3. Virtual Deposition: All attendees, including attorneys, witness, court reporter, and interpreter (if needed) participate via ZOOM from their homes or office.
6. Get Region-based Deposition Services in India: Although there are currently no certified, English-language court reporters or legal videographers based in India, you can have qualified personnel flown in from a nearby country. Don’t worry! Optima Juris has done this countless times and can help you through the entire process.
7. International Travel Information for India
• Currency: India uses the Indian Rupee
• General tipping: On totals ranging from 300 to 1000 INR, you can tip anywhere from 7-10%. On bill amounts above 1000 INR, tipping 5-7% is sufficient. Restaurants in Delhi and Mumbai often charge a ‘service charge,’ not to be confused with ‘service tax.’
• Major airports:
1. Bengaluru, Kempegowda International Airport, BLR
2. Chennai, Chennai International Airport, MAA
3. Hyderabad, Rajiv Gandhi International Airport, HYD
4. Kolkata, Netaji Subhash Chandra Bose International Airport, CCU
5. Mumbai, Chhatrapati Shivaji International Airport, BOM
6. New Delhi, Indira Gandhi International Airport, DEL

About Optima Juris

At Optima Juris, we have been helping law offices across the globe find the highest-quality certified court reporters, legal videographers, and interpreters for over 23 years. If you should have any questions about depositions or arbitrations, please do not hesitate to contact us or fill out a free quote to see how we can make your proceedings a complete success.

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