U.S. Depositions of Korean Witnesses: Practical Preparation Guide for Businesses
When Korean companies become involved in litigation in the United States, one of the most unfamiliar—and stressful—events is the deposition.
Executives are often surprised by how long it lasts, how aggressive the questioning can be, and how heavily the testimony may influence settlement, summary judgment, or trial strategy.
Unlike in Korea, where witness examination typically occurs before a judge in a structured setting, U.S. depositions are lawyer-driven, wide-ranging, and conducted under oath with a court reporter creating a verbatim transcript.
Proper preparation can dramatically reduce risk.
This guide explains what businesses should expect and how to prepare their personnel effectively.
What Is a Deposition?
A deposition is sworn testimony taken before trial. Attorneys for the opposing parties question the witness, and the answers may later be used in court.
For corporate parties, witnesses commonly include:
officers or directors
employees involved in the dispute
custodians of business records
designated representatives testifying on behalf of the company
A poorly prepared witness can unintentionally create major exposure. A well-prepared one can narrow issues and strengthen negotiating position.
Why Depositions Matter So Much in U.S. Litigation
In American practice, cases are often won or lost before trial.
Deposition testimony can:
determine whether a case survives summary judgment
shape expert opinions
lock in admissions
influence how a judge views credibility
drive settlement value
Because transcripts are permanent, imprecise answers can follow the company for years.
The Format Will Feel Different from Korean Proceedings
Several features frequently surprise Korean witnesses:
Length. Depositions often last a full day and sometimes multiple days.
Breadth. Lawyers may explore background issues, internal communications, and topics that feel only indirectly related.
Adversarial tone. Questioning can be repetitive, leading, or confrontational.
No immediate ruling from a judge. Objections are usually preserved for later; the witness must still answer in most circumstances.
Understanding these differences ahead of time reduces anxiety and prevents reactive answers.
Language and Interpretation Issues
Most Korean witnesses testify through an interpreter.
While interpreters are highly skilled, translation inevitably slows the process and may soften or sharpen nuance. Small wording differences can later become focal points in motion practice.
Preparation should therefore include:
agreeing on consistent terminology for technical or financial concepts
practicing concise answers
avoiding idioms or culturally implied meanings
allowing time to hear the full interpretation before responding
Witnesses should never guess at a question they do not fully understand.
The Most Important Rule: Answer Only the Question Asked
Many executives want to be helpful or persuasive. That instinct can be dangerous.
Volunteering extra information often opens new lines of inquiry or creates confusion in the record.
The safest approach is:
✔ listen
✔ pause
✔ answer truthfully
✔ stop
Counsel can clarify or rehabilitate later if necessary.
Documents Will Be Central
Opposing counsel will typically present emails, contracts, text messages, and internal reports.
Witnesses should be familiar with key documents beforehand, but they must avoid appearing coached or rehearsed.
If a document is unclear, it is acceptable to say so. If memory is uncertain, the witness may state that they do not recall.
Speculation is far more damaging than an honest lack of memory.
Preparation Is Not Improper Coaching
Some witnesses worry that meeting extensively with lawyers looks inappropriate. In reality, preparation is standard and expected.
Sessions usually cover:
the deposition process
likely areas of inquiry
review of important documents
practice answering difficult questions
guidance on pacing and clarity
Good preparation builds confidence and reduces mistakes.
Special Considerations for Corporate Representative Depositions
U.S. procedure sometimes requires a company to designate a representative to testify on specified topics, even if the individual lacks personal knowledge.
The designee speaks for the organization. Their answers can bind the company.
Selecting the right person—and preparing them thoroughly—is therefore a strategic decision, not merely an administrative one.
Practical Tips for Businesses
Companies can improve outcomes by:
identifying witnesses early
preserving and organizing records
allocating adequate preparation time
coordinating with both U.S. and Korean counsel
discussing cultural expectations and communication style
Advance planning often determines whether a deposition becomes a liability or an advantage.
How Experienced Counsel Helps
Cross-border depositions sit at the intersection of legal systems, languages, and business cultures.
Effective counsel prepares the witness not only for legal accuracy, but also for presentation, endurance, and strategic awareness of how testimony will be used later in the case.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Deposition strategy depends on the specific facts, claims, and procedural posture of each matter. Companies should consult qualified counsel regarding their particular circumstances.
