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Administering an oath to a document for foreign court proceedings

I have been asked to administer an oath to a document intended for use in court proceedings in a foreign country. Can I do this?

It depends on the law of that country. Do not take it for granted that the country concerned will accept the signature of a commissioner authorised to take oaths under the law of England and Wales.

You should suggest that the prospective deponent makes enquiries with his lawyers in that country. In case of doubt, he can be referred to a notary public whose authority to administer oaths is recognised internationally.

See the Law Society publication Execution of Documents (3rd edition)

Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

Have you got a practice question? Call the Practice Advice Service on 020 7320 5675 or email practiceadvice@lawsociety.org.uk

The Practice Advice Service is staffed Monday to Friday from 9am to 5pm.

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