If satisfied that a witness whose testimony is essential is not available for examination in the United States, the assigned officer may authorize the taking of a deposition abroad by written interrogatories before a DHS or Department of State official.

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Terms Used In 8 CFR 341.3

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

[30 FR 5472, Apr. 16, 1965, as amended at 76 FR 53804, Aug. 29, 2011]