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Depositions before a person commissioned by the court
Taking Evidence in France in Civil and Commercial Matters

Evidence may also be taken in France by deposition before any competent person commissioned by a court in the United States. Authorization must be obtained in advance by the individuals participating in the deposition from the Bureau de l’Entraide Judiciaire International of the Ministry of Justice. All information listed under Part 1, “Deposition Before a Local Judicial Authority by Means of Letters Rogatory” above should be sent to the Ministry of Justice at least 45 days before the deposition will be held.

In addition, the request for authorization from the Ministry of Justice must include:

  • An explanation of the reasons for choosing this method of taking evidence, taking into account the judicial costs involved; and
  • The criteria for designating the individual commissioned to take evidence.

The Embassy does not assist in requesting Ministry of Justice authorization in cases where the commissioned competent person is not a consular officer of the United States.

All of the other provisions and the general procedure described above for depositions before a consular officer must be followed, except that there is no consular fee because the services of a consular officer are not required.