Witness Locate and Statement
by Japan PI
Witness Location and Statements in Japan
When your case depends on a person in Japan, we find them, approach them, interview them in Japanese, and record what they say in a form your court can use. We also research opposing witnesses and experts, and help bring willing witnesses to a deposition at the U.S. Embassy or Consulate.
Finding a former employee who moved back to Japan, or an eyewitness known only from a news report, is only the first step. The witness then has to be approached in a way that earns cooperation, interviewed without an interpreter flattening what they mean, and documented so the statement survives challenge. Japan PI handles each of those steps on counsel's instructions, and leaves the legal judgments to you.
What we do
Eyewitnesses, former employees, ex-engineers who returned to Japan, former business contacts. We identify who can testify and confirm a current address.
We plan the approach around the witness's position and concerns, and interview only with their voluntary cooperation.
Signed Japanese statements, English translations, and draft declarations or affidavits for counsel's review. Notarization and apostille arranged where required.
For U.S. proceedings: confirming a witness's willingness to appear, scheduling, and arranging interpreters for a deposition at the U.S. Embassy in Tokyo or the Consulate in Osaka.
Verifying the background, titles and positions a witness claims, litigation history in the Tokyo and Osaka courts, press coverage, public statements and ties to the parties.
Shortlists of Japanese experts for your matter. For opposing experts, we check CVs, publications and prior opinions for inconsistencies and conflicts of interest.
Where an estate or contract dispute turns on a person in Japan, we locate and interview the people who saw them day to day: neighbors, friends, former caregivers.
The investigator who did the work testifies to it, in Japan or abroad.
Independent review of existing evidence and of police records in criminal matters.
Where counsel usually calls us
A former engineer or manager left the U.S. subsidiary and returned home. You have a name and an old address.
Nuance and credibility get lost when every answer passes through a third person.
Your jurisdiction requires all-party consent, and the witness will not agree to be recorded.
The rules are strict and the witness must come voluntarily. Someone on the ground has to secure that cooperation.
You want to test their background before cross-examination, and the records are in Japanese.
Location, interview and a signed statement all have to happen within weeks.
From a witness in Japan to your proceedings
Japan does not allow foreign counsel to take depositions wherever they choose. According to the U.S. Department of State, depositions for U.S. courts may be taken only of willing witnesses, at the U.S. Embassy or a U.S. Consulate, under a U.S. court order and with special deposition visas. In practice, that means the witness's cooperation has to be secured in Japan before anything is scheduled. That is the part we do.
- LocateWe identify the witness and confirm a current address.
- ApproachWe explain who we act for, why, and that taking part is their choice.
- Interview in JapaneseA voluntary fact interview, recorded only where lawful and agreed.
- Statement or depositionCounsel decides: a signed statement or declaration, or a consular deposition.
- CoordinationWe schedule the witness, arrange interpreters, and keep them informed through the day.
Our role at the deposition stage. We do not take depositions, administer oaths or advise on the procedure. Our interviews are voluntary fact interviews conducted on counsel's instructions. Please confirm the current consular requirements with the Embassy and with your own counsel; we will work to the plan you set.
Who does what
We gather facts on your instructions; you make the legal calls. Using an independent investigator also means that if what was said in the interview is ever disputed, the witness to it is our investigator, not you.
Counsel
- The purpose of the work and the questions to cover
- Whether recording is permitted, and the form of any statement
- Whether and how a statement is used in the proceedings
- Court procedures, including consular depositions and letters rogatory
Japan PI
- Locating witnesses, experts and other relevant people
- Approach, voluntary interviews, interview records and statements
- Background research on opposing witnesses and experts
- Site checks, witness scheduling, interpreters, testimony
What we will not do
- Pressure, lead, or offer anything of value to a witness
- Contact a represented party without counsel's approval
- Obtain medical or care records that require consent or legal process
- Assess mental capacity; that is for physicians
Hearing a witness is not the same as having evidence
The witness talked, but the interview was recorded where recording was not allowed, or the statement was in a form the court would not accept. Or the witness was pushed, and the statement was later attacked for it.
Before we start, we confirm recording rules and statement format with you. Where recording is not permitted, two investigators attend, compare their recollections immediately afterwards, and draft the record word for word.
How we treat witnesses
What you receive
| Investigation report and interview record | When and where the witness was approached, how, what they said, and any refusal.Usable as a basis for counsel's own drafting |
|---|---|
| Signed statement in Japanese | The witness reads and signs every page. |
| English translation and draft declaration | Side-by-side Japanese and English, or English only, with a translator's certificate.Prepared for counsel's review; the final form, including any penalty-of-perjury language, is counsel's decision |
| Notarization and apostille | Arranged where the receiving court requires them. |
| Deposition support | Witness confirmation, scheduling and interpreter arrangements for depositions at the U.S. Embassy in Tokyo or the Consulate in Osaka. |
| Witness and expert background report | Findings with sources and dates checked. |
Sample declaration with translator's certificate
A fictional witness statement showing numbered paragraphs, per-page initials, the closing declaration and signature block, and a translator's certificate, with notes on each element. All names, addresses and events are fictional.
Open the English sample (PDF)Japanese sample (PDF)
Case studies
Case 1: Former engineer's statement for a U.S. product liability class action
The request
In a U.S. class action over a product defect, counsel needed to show what the defendant company knew about the defect. A former engineer who had worked at the company's U.S. operations had retired and returned to Japan. We were asked to locate him and take his statement.
What we did
We located his home outside Tokyo and visited together with an investigator from the U.S. He hesitated at first. Once we explained the purpose of the statement, he chose to describe how the product had been tested internally and how the findings had been reported. Under the governing law, the interview could not be recorded, so immediately afterwards the investigators compared their recollections and drafted the statement word for word.
Case 2: Missing family heirloom, every member of the household interviewed
The request
A gold heirloom disappeared from a private residence while the daughter entrusted with it was in hospital. Suspicion fell on her partner, who visited the house regularly, but several housekeepers and a cook also had access. The family's lawyer asked us to interview everyone involved and prepare statements.
What we did
We interviewed every member of the household on the same terms, without singling anyone out. One housekeeper said she had seen the partner leaving the room where the heirloom was kept. When we interviewed him again, he admitted taking the heirloom out of the house, but said he had later lost it and had neither stolen nor sold it. Each person's account was set out in a separate statement and delivered to counsel.
The eyewitness account alone was circumstantial. His admission is what allowed the family to sue. Some details have been changed to protect those involved.
“Thanks to you and your staff for diligent work. We would definitely recommend your services to our clientele and associates in Japan.”Paul C., U.S.Fees
Fee schedule
| Hourly rate | USD 120 per hour, minimum 4 hours per sessionInterviews and field inquiries, opposing witness research, expert search and vetting, capacity-related inquiries, deposition coordination and interpreter arrangements. We estimate the hours for your matter and give you a total before we start |
|---|---|
| Locating a witness | Quoted per matterDepends on what you have to start from and how old it is. See our Skip Tracing page for typical tiers |
| Written statement | From USD 500 per witness |
| Translation and litigation documents | Quoted per matter |
| Testimony | Quoted per matterTravel and daily rates quoted separately for testimony outside Japan |
| Expenses | Travel and other costs at actual cost |
| Payment | Retainer on engagement; work beyond the estimate invoiced afterwardsBank transfer, credit card or PayPal. Engagement letters are signed electronically |
Frequently asked questions
Can you take a deposition in Japan for us?
No. Depositions for U.S. proceedings are taken at the U.S. Embassy in Tokyo or the Consulate in Osaka, under a U.S. court order, and only of witnesses who appear voluntarily. What we do is the groundwork: finding the witness, securing their willingness to appear, scheduling, and arranging interpreters. Please confirm current requirements with the Embassy and your own counsel.
Can you prepare a declaration we can file in a U.S. court?
We prepare a signed Japanese statement, a certified English translation, and a draft declaration for your review. The final form, including any declaration under penalty of perjury and its wording, is your decision. Where notarization or an apostille is needed, we can arrange it.
Can the interview be recorded?
It depends on the law governing your matter. Where all-party consent is required and the witness does not agree, or recording is otherwise not permitted, two investigators attend, compare their recollections immediately afterwards, and draft the record word for word. We confirm the rules with you before the interview.
Why not use an interpreter and interview the witness ourselves?
You can, and sometimes you should. But a first approach from a Japanese investigator, in Japanese, is often what decides whether a witness agrees to talk at all. Interviewing directly in Japanese also keeps the nuance that is lost when every answer is relayed, and it means our investigator, not you, is the witness to what was said.
What do you check when researching an opposing witness or expert?
Claimed education, employment and titles; corporate registry positions; civil and criminal case records in the Tokyo and Osaka District Courts; Japanese press coverage; social media and other public statements; and links to the parties. For experts, we add publications and prior opinions. We agree the scope with you and estimate the hours before starting.
Can you help in an estate dispute over a Japanese person's capacity?
We locate and interview people who saw the person in daily life around the relevant time, and check where and how they were living. We do not assess capacity, which is a medical question, and we do not obtain medical or care records, which require consent or legal process. Our findings are meant to sit alongside that evidence.
What happens if the witness refuses?
We never pressure a witness. We report how they were approached, that they declined, and anything they said. A statement obtained under pressure is the easiest kind to discredit.
Have your investigators testified abroad?
Yes, in the United States, Taiwan and Malaysia. Travel costs and daily rates are quoted for each matter.
How are fees and payment handled?
Most work is billed at USD 120 per hour, with a minimum of 4 hours per session. We estimate the hours and give you a total in advance, and you pay a retainer on engagement. If the work runs beyond the estimate, the balance is invoiced afterwards. Written statements start at USD 500 per witness.
How long does it take?
It depends on whether the witness's address is known, how many people are involved, and the form of the statement. We give you a timeline at the outset. If you have a court deadline, tell us on the first call.
How an engagement runs
- ConsultationTell us about the matter, the witnesses and your deadlines.
- Plan and estimateWe set out the steps, the estimated hours and a total.
- Engagement and retainerEngagement letter signed electronically; retainer paid.
- InvestigationRecording rules and statement form confirmed with you first.
- DeliveryReports and statements delivered; any extra work invoiced.
Disclaimer
Japan PI provides investigative services and reports its findings. We cannot guarantee that a witness will be found or will cooperate, or that any statement will be admitted; those depend on the witness and on the court. We give no legal advice, and how our findings are used is a matter for counsel.
Japan PI is registered under Japan's Private Investigation Business Act and works within it and the Act on the Protection of Personal Information. We do not accept work that requires unlawful methods or that could lead to discrimination, whoever the client and whatever the purpose.
Tell us who you need to reach in Japan
Consultations and estimates are free. If the witness is unlikely to be found or to cooperate, we will tell you before you spend anything.
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