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Posts published in “Editorials”

Restrictions on Taking Deposition Testimony of in China for Use in Foreign Courts

In today’s globalized economy, it is not surprising that many cross-border disputes involve parties and witnesses located in mainland China. U.S. litigators involved in such disputes should be mindful of the restrictions on taking depositions in China. In U.S. litigation, arguably the most important discovery device is the deposition – the asking of questions under oath. Depositions provide litigants the opportunity to subject hostile witnesses to cross-examination under oath and ask the same questions that would be asked at trial. There are significant logistical difficulties in taking the deposition of witnesses who reside in countries located outside the United States,…