It is not unusual for testimony in United States cases to be taken through depositions outside its borders. Frequently, witnesses whose testimony is taken are those who are willing to present themselves voluntarily. As a result, no elements of compulsion are needed. In rarer cases, testimony must be taken pursuant to court order, including an order of the court where the reluctant witness resides.
This column discusses the realities of the taking of such testimony based on experience in a recent case.
