There are certain rules and regulations that control how courtroom activities are conducted. In the normal process, people must testify and present evidence in court. However, there are certain rules related to foreign countries that expand the scope of people who can testify. The foreign deposition subpoena opens the possibility of prosecuting individuals and countries in foreign countries.
What Is a Subpoena and Deposition?
A subpoena is an order from the court that requires a person to appear in a trial or present evidence. Anyone who fails to appear after being subpoenaed is likely to be charged with contempt of court.
A deposition is a recording of testimony that occurs outside of court. Usually handled by an attorney, this process involves interviewing a witness who could influence the outcome of a trial. The deposition is a legal piece of evidence that is presented in court. The lawyer should prepare and ask the right questions before the deposition starts.
The Need for a Foreign Deposition Subpoena
A foreign deposition subpoena is needed when legal evidence is found outside of the country and must be brought to the local court. The judge and jury cannot travel overseas to view the evidence, so it must be subpoenaed appropriately.
When foreign companies violate the laws of other countries, they may get sued and have to provide testimony. For instance, foreign manufacturers of LCD screens, such as an LG Display, can be investigated for criminal activities. It seems that companies in East Asia and elsewhere are out of jurisdiction, but that is not true. Attorneys are given expanded power to reach out to witnesses and defendants living in these territories.
Foreign depositions are important because the U.S. is known to do a great deal of business abroad. Foreign companies and manufacturers create many of the cars, clothes and electronics that people use on a daily basis. If any product malfunctions, the company must be held accountable, especially if a death occurs.
A foreign deposition is convenient for everyone because the foreign witness does not have to appear in court. Also, the state does not have to pay for the witness to travel. In fact, the foreigner has it easy because he does not deal with the pressures of taking the stand and testifying in front of others. Some depositions are taken of witnesses who are on their deathbeds or cannot leave their homes. Any witness in any state of misfortune can participate in this form of sworn testimony.
A subpoena is necessary when individuals are out of state and cannot appear physically in court. U.S. attorneys have the power to issue subpoenas to people within the state and as well as without. In a court of law, there should be ways to contact people for testimony regardless of their current residence.
