Legal Question in Civil Litigation in Saudi Arabia
how to arrange a deposition of a witness in saudi arabia
We have a civil case pending in a federal district court in the U.S. How do we arrange depositions of uncooperative American deponents in saudi arabia, i.e. does saudi arabia allow such depositions?, can they be conducted by telephone?, what procedures (subpeona etc.)must be followed to arrange such depositions? Any help would be greatly appreciated.
1 Answer from Attorneys
Re: how to arrange a deposition of a witness in saudi arabia
Generally, you must ask the district court for a commission, often called in this circumstance a "letter rogatory." This document is a formal request by the district court to the court where the witness may be found to allow you to take the deposition. With the commission or letter rogatory, you may ask a court with jurisdiction over the uncooperative witness, which will almost certainly be a court of Saudi Arabia, to lawfully compel the testimoney you seek and convene a deposition. Only a Saudi Arabian court can compel the deposition of an individual in Saudi Arabia. The deposition will likely have to take place where the witness is. In my experience, telephone depositions are only possible when all parties, including the witness, agree. Even then they are often a bad idea, due to difficulty in understanding and other logistical problems. The district court should grant your request for the commission or letter rogatory as a matter of routine if you can show that the foreign witness has potentially relevant knowledge. Whether the Saudi Arabian court will cooperate is another question, and you will almost certainly have to hire a Saudi Arabian lawyer to handle your request to the court there.