Japanese law and practice, and the mutually agreed upon interpretation of the United States Japan Consular Convention concerning obtaining evidence in Japan, permits the taking of a deposition of a willing witness for use in a court in the United States only if:
If you are a party to litigation, or counsel to a party to litigation, and are prepared to secure a court order for an in-person or remote deposition, then please provide the information requested in the inquiry form below to tokyoacs@state.gov if you wish to reserve the deposition room in Tokyo, and AOK@state.gov for reservations for Osaka. Incomplete requests will not be considered.
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The statutory fee for consular services is assessed in minimum increments of one hour. Additional $309.00 per hour fees may be charged if additional consular time is expended during the deposition beyond the time originally estimated. Any unused portion from your deposit will be refunded.
It is imperative that you complete the reservation procedure and inform the Embassy or Consulate of the intent for any U.S. citizen to travel to Japan for purposes of the deposition before applying for the visa, as the Japanese Foreign Ministry will consult with the Embassy/Consulate on these visa applications.
Note, If you are a U.S. government official/attorney participating in a deposition in Japan, please contact the Office of Legal Affairs for Overseas Citizen Services of the Bureau of Consular Affairs and the American Citizen Services Unit at the U.S. Embassy in Tokyo prior to travel.
Although levels of persistent toxic chemicals in the air can generally be low, the large surface area of the Great Lakes results in major atmospheric inputs. Atmospheric deposition occurs when air pollutants move to the earth's surface from the air into water through rain and snow, falling particles, and absorption of gas. The atmosphere responds quickly to toxic reduction actions making atmospheric measurements an excellent way to track changes in persistent toxic chemicals concentrations across time and space.
Background: Mesangial immunoglobulin A (IgA) deposition is incidentally encountered in asymptomatic individuals, but its precise frequency and significance had not been clarified. The background of the latent IgA deposition is related to the epidemiology and pathogenesis of IgA nephropathy.
Methods: Zero-hour allograft biopsies were performed in 510 renal transplantations (446 living donors, and 64 cadaveric donors) at the Kidney Center of Tokyo Women's Medical University. Mesangial IgA and C3 deposition were analyzed immunohistochemically, and the frequency and clinicopathologic features of mesangial IgA deposition were investigated.
Conclusion: The latent mesangial IgA deposition was a relatively common phenomenon in the healthy Japanese donors. This phenomenon was associated with mild degree of microhematuria, mesangial proliferation and glomerular macrophage infiltration in some of the affected individuals, especially with combined IgA and C3 deposition.
If an essential witness who is not subject to a subpoena (see JM 9-13.525 and this Manual at 279) is unwilling to come to the United States to testify, the prosecutor may attempt to proceed by means of a deposition. See Fed. R. Crim. P. 15 and 18 U.S.C. 3503. In some countries, depositions of willing witnesses may be taken at the American Embassy or consulate without a formal request. Other countries permit the taking of such depositions only from United States citizens. Still others prohibit any depositions except those taken pursuant to a formal request.
Depositions pursuant to formal requests must be taken in accordance with the laws and procedures of the place where the request is executed. In some cases, those laws do not authorize direct examination by attorneys for the parties, or even the presence of both parties. In most civil law countries, for example, the judge questions the witnesses. Countries may also limit videotaping or even verbatim transcripts. Administering an oath to a witness may be prohibited if he or she is a potential defendant. Thus, a request that the deposition be conducted in accordance with United States procedures will be honored only if it does not violate local laws, the resources for compliance are available, and the significance of the request is understood by the executing authority. Office of International Affairs (OIA) will use its best efforts to assist the prosecutor in arranging for procedures that will result in admissible testimony.
The confrontation right of the defendant, which may imply a right to be present at the deposition, may give rise to problems if he or she is in custody in the United States or subject to arrest in the country where the deposition is scheduled. Other problems may also arise. "Depositions taken in foreign countries cannot at all times completely emulate the United States' method of obtaining testimony." United States v. Sturman, 951 F.2d 1466, 1481 (6th Cir. 1991), cert. denied, 504 U.S. 985 (1992). Even if different procedures are followed, courts generally hold that the depositions are admissible unless "the manner of examination required by the law of the host nation is so incompatible with our fundamental principles of fairness or so prone to inaccuracy or bias as to render the testimony inherently unreliable[.]" United States v. Salim, 855 F.2d 944, 953 (2d Cir. 1988) (approving use of depositions where defendants were not present at French deposition, defense counsel were not permitted to be present while the witness testified, and the presiding magistrate conducted the examination, asking questions counsel submitted in writing).
Remember that a court reporter may not be available overseas, so arrange to bring one to the deposition. Interpreters, if necessary, can often be retained locally through the American consular or diplomatic post.
Methods: In a randomized, double-blind, placebo-controlled study, 12 subjects with asthma (FEV1, 76.8 +/- 11.4% predicted) inhaled technetium-99m-labeled monodisperse albuterol aerosols (30-microg dose) of 1.5-, 3-, and 6-microm mass median aerodynamic diameter, at slow (30-60 L/min) and fast (> 60 L/min) inspiratory flows. Lung and extrathoracic radioaerosol deposition were quantified using planar gamma-scintigraphy. Pulmonary function and tolerability measurements were simultaneously assessed. Clinical efficacy was also compared with unlabeled monodisperse albuterol (15-microg dose) and 200 microg metered-dose inhaler (MDI) albuterol.
Conclusions: Regional targeting of inhaled beta2-agonist to the proximal airways is more important than distal alveolar deposition for bronchodilation. Altering intrapulmonary deposition through aerosol particle size can appreciably enhance inhaled drug therapy and may have implications for developing future inhaled treatments.
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination.
Depositions by written interrogatories first appeared around the mid-15th century as a procedure for discovery, factfinding, and evidence preservation in suits in equity in English courts.[1][2] They differed radically from modern depositions in three ways: (1) the party seeking a witness's testimony merely propounded written interrogatories which were read out loud by a master or court-appointed commissioner to the witness in a closed proceeding without parties or counsel present; (2) the witness's first-person oral answers under oath were not recorded verbatim, but were summarized by the master, commissioner, or a clerk appointed by them into a third-person continuous narrative; and (3) the resulting written product (also called a "deposition") was filed with the court under seal and its contents were not revealed or "published" to the parties until shortly before trial.[1][2][3]
The modern deposition by oral examination began to develop in New York in the early 19th century when Chancellor James Kent of the New York Court of Chancery allowed masters to actually examine witnesses (that is, pursue lines of questions in real time based on the witness's preceding answers) rather than read static interrogatories (which tended to be broadly worded and resulted in very inefficient depositions). He also allowed parties and counsel to be present during depositions. This meant depositions were no longer secret and led to counsel insisting on taking over the examinations themselves. These developments gradually spread across the United States[2] and Canada.[1]
During the late 19th century, summary narratives by court-appointed examiners were replaced by verbatim transcripts by court reporters. Finally, the merger of common law and equity procedure led to the adoption of live testimony in open court as the default method of taking trial evidence in all trials (equity had used depositions by written interrogatories in lieu of live testimony), which reduced the deposition to its modern role in American civil procedure as a discovery and evidence preservation device.[2]
In almost all cases pending in United States federal courts, depositions are carried out under Rule 30 of the Federal Rules of Civil Procedure. About 35 states use versions of the FRCP in their state courts. Other states have discovery rules that are set out either in court rules or statutes, and which vary somewhat from one state to another. According to FRCP Rule 30, the number of depositions is limited to ten depositions per side (i.e. plaintiffs and defendants), with deposition of each deponent limited to a single day of no more than seven hours (unless specified otherwise in local rules of the district).[12] e24fc04721
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