United States discovery procedures can be available in appropriate circumstances to non-US litigants, even for pre-action discovery, when the litigation that is contemplated will take place outside the US, and even when the discovery is sought against a person who will not be a party to the litigation. But this powerful tool in any litigator’s investigative arsenal is all too often overlooked.
Courts in the US have probably the most extensive discovery provisions in the world. The procedures available to them include broad-ranging document production, oral depositions of all individuals and companies with relevant knowledge and detailed written interrogatories covering all aspects of the dispute.
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