Verdict - Fall 2015 - (Page 18)

> FeatUre story London Calling: Navigating the Waters When Taking a Deposition Overseas By Bryan Baer i mportant witnesses in a big case of yours live overseas. You have spoken with them several times and they are cooperative and willing to be deposed; however, they are not willing or able to travel to the united States for the deposition.1 this should not be an issue in the information age, right? All the major court reporting services have affiliates oversees. engage one to get a foreign court reporter/videographer on board and conduct the deposition via video conference at the local court reporter's office. Say a thank you to modern technology and be done . . . . right? in the words of eSPN College Gameday's Lee Corso, "No so fast my friends." Given the witnesses' unavailability, you probably want the deposition to be admissible at the trial. Simple enough, Georgia has a statute on unavailability that clearly applies o.C.G.A. § 9-11-32(a)(3)(B). the witness lives oversees; the deposition testimony gets in. Yes, but you still have to make sure the deposition is in compliance with the Georgia Civil Practice Act, specifically o.C.G.A. § 9-11-28(b). it states: O.C.G.A. § 9-11-28. Persons before whom depositions may be taken (b) in foreign countries. in a foreign state or country depositions shall be taken on notice before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the united States, or before such person or officer as may be appointed by commission or under letters rogatory. A commission or letters rogatory shall be issued only when necessary or convenient, on application and notice, and on such terms and with such directions as are just and appropriate. officers may be designated 18 Georgia Trial Lawyers Association

Table of Contents for the Digital Edition of Verdict - Fall 2015

President’s Message
What’s New at HQ
Tips for Selecting and Implementing a New Case Management System
How I Obtained Justice for My Client
What You Need to Know About Mass Torts & Multidistrict Litigation
London Calling: Navigating the Waters When Taking a Deposition Overseas
Ethical and Practical Considerations of Co-Counseling
Avoiding Landmines: Identifying, Locating and Serving the Non-U.S. Corporate Defendant
Powerful Weapons: Public-Private Alliances Between State Attorneys General and Private Lawyers
Multidistrict Litigation: Friend or Foe?
Civil Lawyers Against World Sex Slavery
Getting Out-of-State Evidence: Domesticating a Subpoena
New Lawyers’ Corner: Five Tips for Hanging your Shingle
Case Updates: What’s New?
Workers’ Comp Updates
Champion Members
Welcome New GTLA Members!
Index to Advertisers

Verdict - Fall 2015