Taking the deposition of a German citizen for use in a U.S. court involves careful navigation of international law, U.S. procedural rules, and German legal restrictions. Unlike domestic depositions, cross-border evidence gathering is tightly regulated, and failure to follow the correct process can render testimony unusable—or even unlawful.

The starting point is U.S. law. Under the Federal Rules of Civil Procedure, depositions may be taken abroad, but only in a manner consistent with the law of the foreign country. Germany is a signatory to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (the Hague Evidence Convention), which governs how evidence may be collected within its territory for foreign proceedings.

Germany generally prohibits private, party-driven depositions as they are commonly conducted in the United States. Conducting a deposition in Germany without authorization may violate German sovereignty and, in extreme cases, expose participants to legal penalties. As a result, most U.S. litigants must proceed through one of three approved methods.

The most common approach is a letter of request (also called letters rogatory) under the Hague Evidence Convention. A U.S. court issues a formal request to German judicial authorities to examine the witness. The deposition is then conducted by a German judge, typically in German, with limited participation by U.S. counsel. This method is reliable but can be slow.

A second option is taking testimony at a U.S. consulate or embassy in Germany. This is permitted only if the witness participates voluntarily and no compulsion is used. Even then, Germany places limits on the administration of oaths and may require prior notice or consent.

A third possibility is a voluntary deposition outside Germany, such as in another country where U.S.-style depositions are permitted. This avoids German restrictions but requires the witness’s willingness to travel.

Practical considerations are critical. Translation and interpretation must be handled carefully, the form of oath must be legally acceptable, and counsel should confirm the admissibility of the testimony under U.S. evidentiary rules.

In short, deposing a German citizen for a U.S. court is feasible, but only with advance planning, respect for German law, and close coordination with the court. Legal counsel experienced in international evidence is essential to ensure the deposition is both lawful and effective.