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Although Shanghai does not permit the taking of depos for U.S. courts, there is a workaround to get the testimony you need.
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Shanghai Reporters: What you need to know
Before you schedule a court reporter in Shanghai, learn more about the rules and regulations regarding U.S. depositions in Shanghai.
Are there any restrictions on holding a U.S. depo in Shanghai?
China does not permit the taking of depositions or witness statements in China for use in foreign courts. Even conducting a deposition in a hotel room with an oath by private persons could result in criminal penalties under Chinese law. The restrictions also extend to telephonic depos and depos by videoconference. Beyond being merely frowned upon, participation in unauthorized depositions can result in serious sanctions, from deportation to the arrest and detention of attorneys and other participants.
Is there a workaround for deposing a witness based in Shanghai?
The best solution is to have your witness travel from mainland China to Taiwan, and take your deposition there. Depositions are completely legal and there are no restrictions for taking them outside of China.
Can depos in Taiwan take place at any venue (hotel, conference room, etc.)?
Depositions in Taiwan can take place at the venue of your choosing, whether that be a hotel, law firm office, conference room, or videoconferencing facility.
Does a U.S. passport holder need a visa to enter Taiwan?
U.S. passport holders may enter Taiwan for up to 90 days for tourist or business purposes without a visa.
Are there court reporters in Asia for U.S. depositions?
Optima Juris has local court reporters in Hong Kong and throughout Asia, which means little to no travel costs for you.
Can Optima Juris help me set up my depo?
We will take care of all the tricky logistics so you don’t have to stress about the details.
Must-read deposition guide for Shanghai
Our experts have created a complimentary guide every lawyer, paralegal and court reporting agency should read. The International Depo Guide for China is a 6-page PDF that covers frequently asked questions, tips on how to swear in a witness abroad, best options for deposing a witness remotely, a user-friendly checklist, and travel tips.
ViewAs CEO of Optima Juris, I guarantee that you will be getting the highest quality deposition services abroad. We stand by our services 100% and most importantly, we take away the anxiety of scheduling an international depo.
Optima Juris’ 100% Peace of Mind Guarantee*
At Optima Juris we are committed to providing you with the very best deposition services abroad without the stress or hassle. We guarantee that your court reporter and deposition team will show up on-time, where instructed, and that the results (transcript, video, interpretation, etc.) will be at the same level you would expect when conducting a deposition in your home town in the States. If that’s not the case, we’ll refund you fully for the defective service, no questions asked. This guarantee is subject to limitations, exclusions, and conditions as outlined in our terms & conditions.
GET TO KNOW USDo you have a question about setting up a virtual, hybrid, or in-person deposition or arbitration? Our experts are here to help!
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