Ian Hardy - October 27, 2023

Understanding voluntary depositions in Mexico: A guide for lawyers and paralegals

As a lawyer or a paralegal, you may encounter cases where you must schedule a deposition with a witness residing in Mexico. The good news is that conducting a voluntary deposition in Mexico is possible and more straightforward than you might think. With proper guidance and arrangements, you can make it happen. Let’s explore the steps together to make sure there are no scheduling mishaps.

First and foremost, it is important to note that depositions of U.S. citizen witnesses can be conducted in Mexico without any restrictions as long as no compulsion is used. These depositions can occur at any venue, in person, or remotely.

However, for depositions of Mexican and third country nationals, prior permission from the Mexican Central Authority for the Hague Evidence Convention is required. This may involve following specific procedures, so planning and allowing enough time for this step is essential. Give yourself at least four weeks to prepare. The earlier you plan, the better your chances of locating and booking the right services for your deposition.

When it comes to the actual deposition, there are a few options for conducting it on notice. U.S. consular officers or private attorneys from the United States or Mexico can take oral depositions or depositions on written questions at locations such as the U.S. Embassy or one of the U.S. Consulates. These can also be conducted at other locations, such as a hotel or office, with proper arrangements made in advance.

In cases where the services of a U.S. consular officer are required to administer an oath to the witness, interpreter, and stenographer, it is crucial to make these arrangements in advance with the U.S. embassy directly. This ensures that all necessary parties are present, and the deposition can proceed smoothly.

Tip – We also recommend reading the official statement from the U.S. Department of State – Travel.State.Gov webpage for the latest information on Taking Voluntary Depositions of Willing Witnesses in Mexico.

If you have any questions or uncertainties, do not worry! Optima Juris is here to assist you with our 23 years of experience conducting international depositions in Mexico. Our team of highly skilled local court reporters, videographers, and depo specialists gives us the confidence to offer you the best possible cross-border deposition services. Please feel free to contact us at our email or request a free quote.

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Editor’s Note: This post was originally published in August 2019 and has been completely revamped and updated for accuracy and comprehensiveness.