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HomeResourcesJapanese Patent Translation BulletinNo. 2: US Attorney Wins Surprise Trip to Korea

Japanese Patent Translation Bulletin No. 2 (March 10, 2007)

US Attorney Wins Surprise Trip to Korea

by William Lise

Summary:  Take seriously the warnings about having to obtain a visa to take or defend depositions in Japan.

The other day I was interpreting for attorneys for a Japanese client prepping their Japanese witnesses for depositions in Japan. We were all set to go into the depositions the next day. The topic of conversations turned to the mechanics of the deposition process peculiar to participating in depsositions in Japan, and I reminded the attorneys that they would need to have their US passports with them in the deposition room in the Osaka US consulate so that the consul could check that they have deposition visas. The puzzled look I got from one of the attorneys alerted me to the fact that something could be wrong. The attorney said "Oh, that was taken care of by the other side." It was clear that we had a problem. I don't know what the other side's counsel said about them obtaining deposition visas for my client, but I have never seen one law firm get deposition visas for their opponent's counsel.

I quickly informed the attorneys that they should immediately call the US Consulate, knowing full well that they would merely get confirmation that they indeed needed to have deposition visas to participate in the depositions that were scheduled. I next suggested calling the Ministry of Foreign Affairs of Japan. That call was a bit more successful, but it confirmed the need for the attorney to leave Japan. Because Japan does not issue visas after you arrive in Japan without one, the attorney was forced to immediately get on a plane to Korea to receive a deposition visa at the Japanese Embassy in Seoul. The attorney was very lucky in being able to find someone in the Ministry of Foreign affairs who would fix it so that the Japanese Embassy in Korea would issue the visa on the spot. Although, with a minor schedule change, the day was saved, this error caused considerable cost, and considerable consternation on the part of the client.

If you are coming to Japan for depositions, please take the warnings about deposition visas seriously. They are valid. You will be ejected from the deposition room if they discover you don't have one. Your client will not be happy, and you will need to make great efforts and be very lucky to survive the experience without permanent damage.

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