Commentary

NY Federal Court Allows Foreign Litigants to Obtain Documents Located Outside US

Because foreign tribunals typically permit less discovery than U.S. courts, Section 1782 is an important tool for foreign litigants in gathering evidence.

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Kenneth Duvall, with Bilzin Sumberg. Kenneth Duvall, with Bilzin Sumberg.

Most practitioners in the area of international law know about 28 U.S.C. Section 1782. This statute has long allowed litigants in foreign tribunals to use U.S. courts to compel persons “residing or found” in the court’s territory to provide discovery. Because foreign tribunals typically permit less discovery than U.S. courts, Section 1782 is an important tool for foreign litigants in gathering evidence.

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