Ian Hardy - October 27, 2022

Canada is a very popular locale for deposing witnesses in U.S. court cases. Before setting up your deposition in Canada, read through these important FAQs:

1. Can I depose a willing witness in Canada?

Yes!  Canada is a signatory to the Hague Evidence Convention, and in general, you can depose willing witnesses in Canada without any special formalities or involvement of foreign courts.

Here is the official statement from the U.S. Department of State website about taking voluntary depositions of willing witnesses in Canada:

There are no rules in Canada which prohibit foreign tribunals or litigants from taking evidence from a willing witness in private civil matters.

Therefore, parties in a private civil case in the United States may arrange to depose a willing witness in Canada without prior consultation with or permission from Canadian federal or provincial authorities.

The party seeking to take the deposition must arrange for a court reporter/stenographer and facilities in which to take the deposition; the U.S. Consulates in Canada do not have information on these matters, nor do they have space in which to hold the deposition.

2. Can I schedule a hybrid or remote deposition in Canada?

Yes! Conducting your deposition remotely is a good option for attorneys who are unable to travel or looking to keep your deposition economical.

Optima Juris has a variety of approaches for conducting your remote deposition:

• Hybrid Deposition: Attorneys participate remotely via a video conferencing platform (e.g. Zoom), and one of our local court reporters will travel to the location of the witness and capture a verbatim record of the proceeding.
• Full-Remote Deposition: The witness, court reporter, and attorneys are all in separate locations. Our certified and trained court reporters will capture a verbatim record of the proceeding using our state-of-the-art technology from a remote location.

3. Are there court reporters in Canada for U.S. depositions?

Yes!  Optima Juris has local court reporters throughout Canada, which means little to no travel costs for you.  Get in touch to schedule a local court reporter for your Canada deposition.

4. Can depos in Canada take place at any venue?

Yes! Canada does not have any specific restrictions on where you can hold your deposition.  This gives you an endless amount of options to choose from.  We always recommend a hotel or conference room for the best internet connection.Contact us to find out our favorite options.

5. Still have more questions about depositions in Canada?

Our team of global deposition experts are ready to answer any questions you may have about depos in Canada.  As the knowledge leaders on international depositions, we have the expert knowledge and advice to make sure your depo in Canada goes as smoothly as it would in the U.S. Optima Juris has been conducting depositions without fail for over 22 years, our global coverage is unmatched.  Contact us today to find out more about deposition services in Canada.