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While many foreign jurisdictions do not permit the plenary discovery afforded to litigants in U.S. courts, an increasing number of foreign litigants are taking advantage of a liberal discovery regime implemented by Congress to aid foreign litigations. Specifically, under 28 U.S.C. § 1782(a), a foreign litigant may make an ex parte application to a federal district court for an order directing a witness “found” in the U.S. to give testimony or to produce documents or other physical evidence in connection with a foreign litigation. The subjects of the application often receive no notice in advance of receiving the subpoena and can thus be taken by surprise to learn of their obligation to respond to a subpoena in aid of a foreign litigation that they may or may not have an interest in. 

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