Japan

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CHAPTER XIV

JAPAN

A. Introduction

Generally, a party to U.S. litigation may not obtain evidence from a

witness in Japan without going through a Japanese court or consulate.1

Discovery conducted outside of these parameters is typically considered a

violation of the judicial sovereignty of Japan.2 Even if a U.S. court ordered

an individual in Japan to provide testimony or documentary evidence, the

individual would not be obligated under Japanese law to comply with the

1. Japan—Judicial Assistance, U.S. DEP’T OF STATE, (Jan. 3, 2019),

available at https://travel.state.gov/content/travel/en/legal/Judicial-

Assistance-Country-Information/Japan.html (non-Japanese participants

traveling from the U.S. to Japan to participate in depositions must obtain a

special deposition visa from the Japanese Embassy or Consulate in the

U.S.). NOZOMI TADA, STUDY ON INTERNATIONAL JUDICIAL ASSISTANCE

ACT ON THE TAKING OF EVIDENCE IN CIVIL MATTERS (KOKUSAI MINJI

SHOUKO KYOUJO-HOU NO KENKYUU) 78-80 (2000).

2. Takeo Kosugi, Issues regarding the Implementation of the U.S. Discovery

in Japan (AMERIKA NO DISUKABAI NO NIHON DEN O JISSHI WO MEGURU

MONDAITEN), in INTERNATIONAL CIVIL PROCEDURE LAW: NEW SERIES OF

COURT PRACTICE NO. 3 [KOKUSAI MINJI SOSHOUHOU: SHIN SAIBAN

JITSUMU TAIKEIDAI 3 KAN-] 244-245 (Akira Takakuwa & Masato

Dougauchi eds., 3d ed. 2002) (“Even if a deposition is conducted

voluntarily, since it is conducted to be used in the U.S. litigations in

accordance with the U.S. civil procedure laws and under oath with penalty

of perjury, conducting a deposition without going through procedures

under the Consular Convention between Japan and the U.S. should be

deemed as violation of the sovereignty of Japan”). But see Masato

Dougauchi, Chapter 3 Procedures for Resolution of Disputes Regarding

International Trade, in INTERNATIONAL TRADE LAW [KOKUSAI TORIHIKI

HO] 78 (Akira Takakuwa & Kenjiro Egashira eds., 2. 1993) (“Although

some people view that a deposition conducted by a U.S. lawyer in Japan is

violating the sovereignty, it should be considered that there is no violation

of international laws as far as the foreign lawsuit itself does not cause any

issues under international laws and there is a reasonable relationship

between the lawsuit and the deposition.”).