If a local, state, or federal government official from the United States intends to participate in the voluntary deposition of a willing witness in Thailand, formal host country clearance is required. This can be obtained by contacting the Office of American Citizens Services. The request should be made at least ten days prior to the taking of the deposition to allow sufficient time for Thai authorities to make a determination about the official travel. If compulsion of evidence is required letters rogatory transmitted through the diplomatic and consular channel may be used. See our general flyer, Preparation of Letters Rogatory .
Evidence is obtained in accordance with the rules of the foreign court.
In most cases an American attorney will not be permitted to participate in such a proceeding. Occasionally local Thai counsel may be permitted to attend such a proceeding and even to put forth additional questions to the witness. Not all foreign countries utilize the services of court reporters or routinely provide verbatim transcripts. Sometimes the presiding judge will dictate his recollection of the witness's responses to his secretary. Generally letters rogatory worldwide, including those sent to the United States, take from six months to a year or longer to execute.