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Monday, June 14, 2021

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

LR 28 - Depositions in a Foreign Country

Practice Tip

Taking a deposition of an uncooperative witness in a foreign country may be complicated.  See Williams, Taking Depositions Abroad, Los Angeles Lawyer 10 (December 2005), located by searching the Los Angeles County Bar Association website at www.lacba.org.  The text of the "Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters" and a "Model for Letters of Request" can be found on the Hague Conference on Private International Law website.  Important information about the Hague Convention, the preparation of letters rogatory with samples, and country specific information is also published on the U.S. State Department website at http://travel.state.gov on the Law & Policy page, under the Judicial Assistance menu.  Additional important information can be found in the State Department's Foreign Affairs Manual, particularly 7 FAM 920 ("Taking Voluntary Depositions of Willing Witnesses") and 930 ("Compulsion of Evidence"), available on the U.S. Department of State’s website at www.state.gov.


Amendment History to LR 28
March 1, 2013
LR 28 New rule consisting of a Practice Tip that endorses resources to assist attorneys in taking depositions in a foreign country and preparing letters rogatory.
March 1, 2014
LR 28 Rewritten to clarify how to locate referenced online materials.

January 21, 2020

LR 26-4(c)

Updated cross-reference from "LR 5-9" to "LR 5-8."

LR 1 - Scope and Purpose

LR 3 - Commencement of Action

LR 4 - Summons

LR 5 - Service and Filing of Pleadings and Papers

LR 5.2 - Redaction of Filings

LR 6 - Computing Time After Service

LR 7 - Motions Practice

LR 7.1 - Disclosure Statement

LR 10 - Form of Pleadings and Other Documents

LR 11 - Signature Requirements

LR 15 - Amended and Supplemental Pleadings

LR 16 - Pretrial Conferences, Scheduling, and Case Management

LR 23 - Class Actions

LR 26 - Discovery

LR 27 - Depositions: Before Action or Pending Appeal

LR 28 - Depositions in a Foreign Country

LR 29 - Stipulations About Discovery Procedure

LR 30 - Depositions

LR 33 - Interrogatories

LR 34 - Requests for Production

LR 36 - Requests for Admission

LR 37 - Motions to Compel

LR 38 - Right to a Jury Trial

LR 40 - Scheduling Cases for Trial

LR 41 - Dismissal of Action

LR 42 - Consolidation; Separate Trials

LR 45 - Subpoena

LR 47 - Selecting Jurors

LR 48 - Jurors and Participation in the Verdict

LR 51 - Instructions to the Jury

LR 54 - Bill of Costs and Attorney Fees

LR 55 - Default

LR 56 - Summary Judgment

LR 65 - Injunctions and Restraining Orders

LR 65.1 - Securities and Sureties

LR 67 - Deposits in Court

LR 68 - Offer of Judgment

LR 72 - Magistrate Judges: Pretrial Order

LR 73 - Magistrate Judges: Trial by Consent

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

LR 79 - Records Kept by the Clerk

LR 81 - Habeas Corpus Petitions

LR 83 - Rules and Directives - By the District Court

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

Timetable for Lawyers