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American Citizen Services

Depositions in Japan

Depositions in Japan

Taking a deposition in Japan can be complex; depositions are controlled by detailed agreements between the United States and the Government of Japan, and procedures cannot be modified or circumvented. Orders by U.S. courts cannot compel the Government of Japan to amend or overlook its judicial regulations and procedures. In addition, the Embassy cannot compel the Government of Japan to act faster, or in a way more convenient or beneficial to any party, even with a U.S. court order requesting such action.

The best way to ensure the success of your deposition is by carefully reading these instructions, and carefully following the steps outlined below.

Processing times can vary; clearance and visa issues solely under the control of the Government of Japan can take several weeks or longer, so it is never too early to begin the process.

If you are a U.S. government official/attorney participating in a deposition in Japan, please contact the Overseas Citizen Services of the Bureau of Consular Affairs (CA/OCS/L) and  the American Citizen Services Unit at the U.S. Embassy in Tokyo prior to travel.

With very rare exceptions, depositions must occur at the Embassy or Consulates.

While electronically recording depositions is permissible, Japanese authorities have informed the United States that Japan does not permit the taking of testimony via telephone. The taking of testimony via videoconferencing entails a special request to the Ministry of Foreign Affairs, because of the additional issue of consular personnel availability, is seldom granted. While videotaping is permitted, videotaping equipment is not available at the Embassy or Consulate General for use in depositions.

Availability of Deposition Rooms

  1. Tokyo Deposition Room (seats about 8 people)

    2014:
    Dec. 3 - Dec. 5
    Dec. 15 - Dec. 22, Dec. 24, Dec. 26 - Dec. 30

    2015:
    Jan. 2 - Jan. 9
    Feb. 9 -

  2. Osaka Large Deposition Room (seats about 15 people)

      Sept. 8 - Sept. 26
      Oct. 14 - Oct. 17
      Dec. 15 - Dec. 30

  3. Osaka Small Deposition Room (seats about 8 people)

      Sept. 8 - Dec. 30

This page is updated regularly, so please check back for updates.

The U.S. Embassy and the Consulates in Japan are closed on both U.S. and Japanese holidays.

Overview of the Deposition Process

Make a Reservation

Request a reservation by fax or email with the following information:

  • Requesting party
  • Contact information
  • Preferred dates
  • Preferred deposition room: Tokyo/Osaka Large Room/ Osaka Small Room
  • Case name

Tokyo: Email tokyoacs@state.gov, Fax (81-3-3224-5856)
Osaka: Email aok@state.gov, Fax (81-6-6315-5914)

Within 3 Weeks, Pay the US$1,283 Reservation Fee

  • The reservation fee must be paid by international money order or certified bank check made payable to the "U.S. Embassy, Tokyo, Japan" or "U.S. Consulate General Osaka-Kobe, Japan" as appropriate.
  • The reservation fee is non-refundable.
  • Personal or corporate checks are not acceptable.
  • All funds must be in U.S. dollars and checks must be drawn on a U.S. bank.
  • Your reservation is not final until we receive the reservation fee. If the fee is not received within 3 weeks, the dates will be released to others without further notice.

6 Weeks Prior to the Deposition

  • Send a certified copy of the court order/commission and statutory deposition fees.
  • Please note that your reservation will be cancelled without further notice if we do not receive them six weeks prior to the deposition.

    Deposition Order/Commission
    Sample Commission Text

At Least 3 Weeks Prior to the Deposition

2 Weeks Prior to the Deposition

  • Send a list of all participants in your deposition and all electronic equipment including owner of equipment, make, model and serial number to be used. This is necessary for our security office to allow you and your electronic equipment into our building.

Detailed Instructions

Please review carefully our detailed instructions for Depositions at U.S. Embassy Tokyo and Depositions at U.S. Consulate General Osaka-Kobe to avoid delays before beginning to schedule your deposition.

Important Notes

  • Japanese authorities have informed the United States that Japan does not permit the taking of testimony via telephone. The taking of testimony via videoconferencing entails a special request to the Ministry of Foreign Affairs, because of the additional issue of consular personnel availability, is seldom granted. Videotaping, however is permitted.
  • Per the Government of Japan, ordinarily, all depositions must take place on Embassy or Consulate premises; any exceptions to this entails a special request to the Ministry of Foreign Affairs, because of the additional issue of consular personnel availability, is seldom granted.
  • All persons participating in a deposition must have the proper Japanese visa.
  • The Embassy and Consulate General will not release information about a deposition reservation to an opposing counsel unless authorized by the party which made the reservation.

Stenography, Interpretation, Videography etc.

The Embassy and Consulate do not supply and cannot arrange interpreters, court reporters, video crews and the like. Follow the links below for services which you can contact independently to arrange for your support needs. The U.S Embassy and Consulate do not endorse or recommend any particular service, but provide these lists for informational purposes only. Other providers may also be available.

Security Guidelines and Access Requirements

Your use of the deposition room falls under the general security guidelines that govern all visitors to the Embassy. Please note:

  • The room is yours to use during the office hours. See Depositions at U.S. Embassy Tokyo and Depositions at U.S. Consulate General Osaka-Kobe for office hours. For security reasons, all participants must vacate the deposition room when the Consular Section is closed to the public.
  • All persons entering the Embassy or Consulate General must present a photo ID (preferably a passport) and submit to a bag and a metal detector screening.
  • Electronic Equipment

    The Embassy and Consulate General do not provide tapes, taping equipment or equipment operators. If a videotaped deposition is planned, or if you plan to bring some type of electronic equipment, such as a tape recorder, computers and/or video cameras, please notify the Embassy or Consulate General two weeks prior to the actual deposition. You may not bring any electronic devices into a U.S. diplomatic facility (Embassy or Consulate General) except those pre-approved by Embassy/Consulate General officials for recording the deposition. For equipment allowed into a U.S. diplomatic facility, no computer or other electronic device may be connected to any network, whether wired or wireless/Bluetooth. Any removable PCM card, USB device, or smart card providing wireless/Bluetooth functionality must be removed from the computer or electronic device for the period while the computer or electronic device is on the premises, and any non-removable wireless/Bluetooth functionality must be turned off. No picture taking is allowed in or around U.S. diplomatic facilities. Failure to comply with these requirements will result in removal from the premises and/or a subsequent ban.

  • No cell phones including iPhones and BlackBerry smartphones are allowed inside the Embassy or Consulate General.
  • You may not bring food or drinks into the Embassy or Consulate General. Vending machines are available in the building.
  • Photocopiers are not available for deposition use. See Depositions at U.S. Embassy Tokyo and Depositions at U.S. Consulate General Osaka-Kobe for a location of photocopiers near the Embassy and Consulate General.
  • Smoking is not permitted anywhere in the Embassy or Consulate General.
  • There is no public parking available at the Embassy or Consulate. See Depositions at U.S. Embassy Tokyo and Depositions at U.S. Consulate General Osaka-Kobe for access information.
  • We are unfortunately unable to take phone messages, make calls or send/receive faxes for you.
  • Restrooms and a drinking fountain are available just outside the deposition room.

Other Judicial Assistance Information

Detailed Information on Deposition Taking in Japan

Authority

Article 17 of the United States - Japan Consular Convention authorizes U.S. consular officers to take depositions in Japan, "on behalf of the courts or other judicial tribunals or authorities of the sending state (United States), voluntarily given, in accordance with the laws of the sending state (U.S.) and in a manner not inconsistent with the laws of the receiving state (Japan)."

This general reference to the authority of consular officers to take depositions has been interpreted by the Government of Japan very strictly. Japanese law and practice, and the mutually agreed upon interpretation of the United States - Japan Consular Convention concerning obtaining evidence in Japan, permits the taking of a deposition of a willing witness for use in a court in the United States only:

  1. if the deposition is presided over by a U.S. consular officer (in order for the consular officer to preside over the deposition, it must be conducted in the English language);
  2. is taken pursuant to a U.S. court order or commission;
  3. and if any non-Japanese participant traveling to Japan applies for and obtains a Japanese special deposition visa.

Therefore, depositions may be taken in Japan:

  1. pursuant to a commission (28 U.S.C. App. Fed. R. Civ. P. Rule 28(b)(2)) to take a deposition issued by a court to any Consul or Vice Consul of the United States at Tokyo/Osaka or
  2. on notice, provided a court order specifically authorizes a U.S. consular officer to take the deposition on notice. Japanese authorities have informed the United States that Japan does not permit the taking of testimony via telephone. The taking of testimony via videoconferencing entails a special request to the Ministry of Foreign Affairs, because of the additional issue of consular personnel availability, is seldom granted.

Arranging the Deposition

The following is our detailed information concerning depositions in Japan. Please note that we do not make any commitments until we receive the required reservation fee, court order/commission and the consular fees.

Fees

The following fees are required for consular actions during depositions according to Title 21, Chapter 22, Part 1.52 of the Code of Federal Regulations:

52. Taking depositions or executing commissions to take testimony:
  1. Scheduling/arranging appointments for depositions, including depositions by video teleconference (per daily appointment): $1,283
  2. Attending or taking depositions, or executing commissions to take testimony (per hour or part thereof): $309 per hour plus expenses
  3. Providing seal and certification of depositions: $415

Reservation Fee

A fee of US$1,283.00 must be paid to the Embassy or Consulate General before a deposition can be scheduled. The reservation fee is not refundable if the deposition is later canceled. This covers consular officer and staff time in scheduling the deposition, communicating with requesting counsel by telephone, fax or email, and coordinating with Japanese authorities to confirm the scheduling of a deposition before Japanese authorities will issue the special deposition visa to persons traveling to Japan to participate in a deposition. If additional inquiries are made by counsel or their representative, canceling and rescheduling deposition time, an additional US$1,283.00 non-refundable fee will be charged. Please note that the Embassy or Consulate General cannot confirm a reservation for a deposition until receipt of the reservation fee.

This fee must be paid within 3 weeks from the date the tentative reservation was made and is non-refundable. Payment should be made in US dollars by international money order or certified bank check payable to the U.S. Embassy in Tokyo or U.S. Consulate General in Osaka as appropriate. Personal or corporate checks are not acceptable.

Neither the Embassy nor Consulate General schedules the appearance of deponents or make arrangements for court reporters/stenographers or interpreters for private attorneys.

Prescribed Statutory Fees

At least six weeks before the start of the deposition, please send us a full deposit of the required prescribed statutory fees. The prescribed statutory fee for consular services in connection with depositions, item 52(b), is US$309.00 per hour. The Embassy/Consulate General must receive the deposit in full prior to the taking of the deposition. Additional US$309.00 per hour fees may be charged if additional consular time is expended during the deposition beyond the time originally estimated. Any unused portion from your deposit will be refunded. Payment should be made by international money order or certified bank check payable to the U.S. Embassy, Tokyo, Japan or U.S. Consulate General Osaka-Kobe.

Court Order/Commission

Along with the prescribed statutory fees, please include a certified copy of the court order/commission at least six weeks before the start of the deposition. The court order/commission should be addressed to "ANY CONSUL OR VICE CONSUL OF THE UNITED STATES ASSIGNED TO TOKYO, JAPAN" or “ANY CONSUL OR VICE CONSUL OF THE UNITED STATES ASSIGNED TO OSAKA, JAPAN” as appropriate and worded "ON OR ABOUT" a date for maximum flexibility in scheduling. The names of all persons to be deposed must be included in the court orders/commissions noted above. The original or a certified copy of the court order/commission must be sent to the U.S. Embassy or U.S. Consulate General in advance. (These documents must bear the seal of the court). If the court order and deposit are not received in our office at least six weeks before the start of the deposition, the deposition room will be released for other reservations.

See sample commission text here (PDF 15KB).

Special Deposition Visa

Apply for a "special deposition visa" at the Japanese Embassy or Consulate in the United States nearest you. You will be required to present a photocopy of the commission or court order to the Japanese consular officer when you apply for the "special deposition visa”. This special deposition visa must be applied for at least two weeks before departure for Japan. The request should be made on letterhead stationery and include the following information:

  1. the name and location of the court;
  2. name and occupation of each witness; and
  3. a summary of the case.

Travelers will also be required to present their U.S. passport, complete Japanese Embassy/Consulate visa application forms and to provide the requisite photographs. A photocopy of the commission or order for a U.S. consular officer to take the deposition must accompany the request.

Special deposition visas may also be required of deposition participants other than attorneys (American stenographers, interpreters, parties, etc.). Inquiries should be made of the appropriate Japanese consular officer in the United States.

Once it receives the application for the special deposition visa,

  1. the Japanese Embassy or Consulate in the United States will contact the Japanese Foreign Ministry for permission to issue the "special deposition visa";
  2. the Japanese Foreign Ministry will contact the U.S. Embassy/Consulate General to confirm whether the U.S. consular officer has received the reservation fee, a certified copy of the U.S. court order/commission and the statutory consular fees; and
  3. the Japanese Foreign Ministry will authorize the Japanese Embassy or Consulate in the United States to issue the "special deposition visa."

Note Regarding Foreign Attorneys Residing in Japan

In Note Verbale Hokubei 1 No. 220 dated October 31, 1996, the Japanese Ministry of Foreign Affairs provided additional clarification regarding the visa status of American attorneys residing in Japan who wish to participate in depositions at the U.S. Embassy or Consulates in Japan. American lawyers residing in Japan under the status of "legal/accounting services" (as "gaikokuho jimubengoshi"), "permanent residents," or "spouse or child of Japanese national" may participate in depositions under their current visa status, that is, without the special deposition visa, under certain circumstances. They must notify the Ministry of Foreign Affairs through the U.S. Embassy in Tokyo of their proposed participation.

When submitting the note verbale notification to the Ministry, the Embassy will need to provide the names of such lawyers, their company affiliation in Japan, their address, telephone number, and the type and validity of their visa, in addition to a copy of the requisite commission or court order issued by the court in the United States for the taking of the deposition before the U.S. consular officer on U.S. consular premises. In order to facilitate the notification procedures, the Embassy has prepared a worksheet which each lawyer resident in Japan will need to fill out in order for the Embassy to submit the requisite note verbale.

Signing, Certifying and Mailing Transcripts

Participants to a deposition may stipulate regarding the manner in which the transcript of the deposition (any exhibits) should be signed, certified and mailed. The transcript may be forwarded to counsel rather than to the clerk of court which requested the deposition. Moreover, participants may stipulate that after the deposing of witnesses is completed and the stenographer transcribes the testimony, the transcript may be sent directly to the witness for signature or to counsel who will make arrangements directly with the witness for signature of the transcript.

If required by local or federal rules in the United States, the witness may bring the transcript to the U.S. Embassy or Consulates for signature before a consular officer, making any necessary corrections in the presence of a consular officer. If required, a consular certification of the deposition may be made at this time.

If you plan to have the deposition taped without subsequent transcription, the Embassy and Consulate General ask that the court order or commission specify whether audio or video tape is to be used. Tapes may be sent directly by the video operator or by the Embassy or Consulate General via registered air mail to either the person stipulated by the participants or directly to the court clerk immediately following completion of the deposition. Any change in the above procedures would have to be agreed to by both parties in the dispute and, if necessary, covered by an amended court order.

Deposition Closing Certificate Fee and Postage

The U.S. Embassy and Consulates require a US$415.00 fee for the consular certification of the completed deposition transcript in accordance with Schedule of Fees item 52(e). Actual costs for postage and packing materials must be received in advance before transcripts can be forwarded. The Embassy and Consulate General may require a deposit for these postage and packing costs from which any unexpended monies will be refunded.

Firms may provide the Embassy or Consulate General with their express delivery service account number against which such costs may be charged. As federal regulations prohibit the performance of consular services in advance of payment of statutory consular fees, depositions cannot be convened until all the required funds have been deposited.

Working Hours

For administrative and security reasons, the deposition rooms at the Embassy and Consulate General and consular staff are not available for deposition taking outside the working hours or on weekends or holidays. The Embassy and Consulate General will be closed on both U.S. and Japanese national holidays. No one is allowed to remain in the deposition room during the lunch hour. Please note also that deposition taking must stop early enough to enable all participants to leave the consular premises prior to the closing time at which time the doors will be locked.

Voluntary Depositions on Written Questions

The U.S. Embassy and Consulate General generally do not take written depositions due to limited staffing. However, voluntary depositions on written questions may be taken in Japan (28 USC Fed. R. Civ. P., Rule 31, 22 C.F.R. 92.58) after coordination with the Embassy or Consulate General. Requesting counsel should contact the U.S. Embassy or Consulate General to arrange a mutually convenient day when the deposition may be conducted. The requirements for a U.S. court order or commission, consular fees and scheduling our deposition room based on space availability still apply. Counsel must make all the arrangements for the witness to appear and for stenographic or video services and translators if necessary.

The Consular Officer will administer the oath to the witness, and if necessary to the stenographer, video tape operator or interpreter/translator, and be continuously present throughout the deposition to read the questions provided in a court order. If the witness does not speak or read English adequately, a Japanese translation of the English text should be provided. The questions should be sent directly to the U.S. consular officer at the U.S. Embassy or Consulate General where the deposition is scheduled. If preferred, the witness may write down the answers to the questions, rather than dictate the answers to the stenographer or video tape operator. The consular officer will affix a closing certificate after the deposition is completed.

Please inform all attorneys, for both the plaintiff and the defendants, of the above requirements, particularly the special deposition visa and our security policies.