Deposing Third Party Witnesses in Germany in Germany: Same Same, but Different

In an earlier post, we looked at the possibility of compelling German third party witnesses to testify. Parties to U.S. litigation can compel third party witnesses under the Hague Evidence Convention to appear in court and testify. However, in executing a letter of request, the German courts apply their domestic rules and procedures. In general, the judge will treat the taking of evidence not any different from hearing a witness in a domestic civil litigation – and this is very different from a common law approach. Continue reading

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