Conducting Discovery in Japan

In the course of litigation, you may find the need to conduct discovery in Japan. The unique problem with conducting depositions or requesting production of documents in Japan, however, is that you cannot simply go there and conduct discovery because it could be considered a violation of Japan's judicial sovereignty. You also cannot rely on the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. Unlike the UK, France, Germany, Italy, China, Australia, and many other countries, Japan is not a party to this Hague Convention. Therefore, you need to look to other ways of conducting discovery in Japan. Below, we examine the ways to take depositions, to obtain testimony through a letter rogatory, and to request production of documents in Japan.