Japan Deposition Visa

Japan Deposition Visas are a highly specialized form of visa that allow attorneys to depose witnesses in Japan with respect to foreign legal proceedings.

Background

Sometimes litigation in a foreign country requires depositions (i.e., oral evidence) from individuals in Japan. Foreign attorneys will need to come to Japan in order to participate in the deposition.

By way of example, the following discussion uses depositions related to United States litigation. The situation with respect to depositions related to litigation in other countries may be similar but should be confirmed far in advance. Good sources of information may include:

• The Japanese embassy / consulate in the country where the litigation is taking place, and / or,
• The embassy / consul in Japan of the country where the litigation is taking place.

The logistical difficulties involved in arranging depositions in Japan cannot be emphasized enough. Coordination amongst the individuals involved and the various embassies and consulates needs to start many months in advance.

Depositions in Japan

Japan is not a signatory to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Convention”.) In addition, Japan does not allow foreign attorneys to enter Japan for the purpose of undertaking privately arranged depositions since that would be considered a breach of Japans legal sovereignty.

As a result, foreign attorneys who wish to depose witnesses in Japan must do so pursuant to bilateral agreements (i.e., agreements between Japan and the country in which the legal proceedings are taking place.)

In the case of Japan and the United States, this bilateral agreement is the US-Japan Consular Convention of 1963 (the “Treaty”). Under Treaty Article 17 (e) (ii), depositions must take place at either the US Embassy in Tokyo or at the US Consulate in Osaka-Kobe. Both locations have dedicated deposition rooms. Note that depositions are not permitted at all outside of these locations – i.e., not hotels, lawyer’s offices, company offices, etc.

Japan Deposition Visas for Attorneys Taking Depositions in Japan

Foreign attorneys taking depositions in Japan must apply for a Deposition Visa at a Japanese Embassy or Consulate in the United States.

The basic requirements for a Deposition Visa are as follows:

1. A copy of the commission or court order for a US consular officer to take the deposition.
2. A request on letterhead stationery that includes the following:
   • The name and location of the US court,
   • The name and occupation of each witness, and
   • A summary of the case.
3. The applicant’s passport, completed application forms, and photographs.

Procedure for Issuing a Japan Deposition Visa

The basic steps following application are as follows:

1. The Japanese Embassy / Consulate in the US contacts the Japanese Foreign Ministry in Japan requesting permission to issue a Deposition Visa,
2. The Japanese Foreign Ministry contacts the US Embassy / Consulate in Japan to confirm that the US embassy / Consulate has received the following:
   • A fee to reserve the deposition room,
   • A certified copy of the commission or US court order, and
   • The statutory consular fees.
3. Assuming all is in order, the Japanese Foreign Ministry will authorize the Japanese Embassy / Consulate in the US to issue the Deposition Visa.

Timing

Generally, at least two weeks are required to process a Japan Deposition Visa. It is strongly recommended that the process be started as far as possible in advance.

Foreign Attorneys Residing in Japan

In some cases, a US qualified lawyer already residing in Japan may wish to participate in a deposition.

In order to participate in a Japan deposition, the foreign lawyer would generally need to hold one of the following status of residence:

• Japan Legal Services (i.e., the individual would need to be a registered foreign lawyer “gaikokuho jimubengoshi”),
• Japan Permanent Resident, or
• Japan Spouse of a Japanese National or
• Japan Child of Japanese National

However, individuals in Japan on the above SOR must still notify the Japanese Ministry of Foreign Affairs (through the US Embassy in Tokyo) of their proposed participation.

Information that the US embassy will need to provide to the Japanese Ministry of Foreign Affairs regarding such attorneys will include:

• Name,
• Affiliation in Japan (i.e., name of firm or company),
• Address in Japan,
• Telephone number, and
• Type and validity of visa.

In addition, a copy of the commission or court order for a US consular officer to take the deposition on US consular premises is needed.

Foreign lawyers living in Japan under an SOR other than one of the three listed above may need to amend their SOR to permit their participation in the deposition.

Visas for Non-attorneys

In many cases foreign attorneys taking depositions in Japan will prefer to work with experienced foreign stenographers, interpreters, and videographers. Foreign parties may also be involved. All of these individuals may require special Japan Deposition Visas and inquiries should be made far in advance with a Japanese embassy or consul.

Again, it should, be emphasized that the above is for general guidance only. It is important to coordinate with your local Japanese embassy or consul.

Contact JAPAN VISA™ to learn how we can assist you to obtain a Japan Deposition Visa.