Legal Question in Intellectual Property in District of Columbia

Overseas Deposition

I am a pro se litigant in a case under Federal Rules of Civil Procedure (Trademark Trial & Appeals Board). I want to take a deposition on written questions from a (friendly) witness overseas. I do not fully understand the part about the questions being answered ''Before a person authorized to administer oaths.'' Does the person merely answer the questions (and opposing party's cross-examination questions) and have the answers notarized? I saw something somewhere about answering them before a U.S. Consular Official. The TTAB seems to be moderately tolerant of pro se litigants and minor variations in procedure, but I want to handle it correctly.

Asked on 5/23/07, 10:42 am

1 Answer from Attorneys

Johm Smith tom's

Re: Overseas Deposition

That language means giving answers before a person who can swear the deponent in before answering; that is what they mean by "oath." If they are abroad, do it at the US consul to avoid any additional complications of needing to prove that the foreign person was licenses/authorized to administer oaths.

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Answered on 5/23/07, 11:21 am

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