Court Reporting Options in China

Although China is a member of the Hague Evidence Convention, Chinese law prohibits the taking of depositions or witness statements within mainland China.  Don’t worry, there is an easy workaround – move your depo to a nearby country like Hong Kong or Taiwan where there are no restrictions.  

Guidelines for Holding Depositions in China

Depositions in China are not permitted.  If an unauthorized deposition takes place it can result in sanctions, such as deportation and the arrest of attorneys and other participants. 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 and videoconference depositions.

Workaround.  The best solution is to have your witness travel from mainland China to Hong Kong (or a nearby country like Taiwan) and take your deposition there. Depositions are completely legal and there are no restrictions for taking them outside of China.

Venues. Depositions of China-based witnesses in Hong Kong or Taiwan can take place at the venue of your choosing, whether that be a hotel, law firm office, conference room, or videoconferencing facility.

Options for attending a deposition of a China-based witness in Hong Kong or Taiwan.  There are many options today on how the attorney can attend the deposition, the most common choice is to participate via a videoconferencing facility or web-based conferencing platform.  Although it is always best (and highly recommended) to have all parties present with the witness for the most reliable and clearest record. We highly recommend reading our blog article, International Depositions: What Are Your Options to see which choice best fits your firm.

Every Situation Covered. Optima Juris works with elite court reporters and legal professionals across the globe to make sure your deposition is in the right hands.  Whether you are an attorney, paralegal, or a court reporting firm looking to set up an international depo in Asia, we have your back!

About Optima Juris

Optima Juris is the only U.S. agency exclusively dedicated to international depositions. We have been helping law offices across the globe find the highest-quality certified court reporters, legal videographers, and interpreters for over 18 years. If you should have any questions about international depositions, please do not hesitate to contact us or fill out a free quote to see how we can make your international deposition a complete success.

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