Foreign litigants can often benefit from testimony and discovery of information residing in the United States. Once granted, Section 1782 subpoenas have the full scope and authority of domestic discovery, providing a powerful tool in foreign litigation. 28 U.S.C. §1782 (“Section 1782”) permits production of documents and testimony in the United States for use in foreign litigation.
While the statute is seemingly straightforward, navigating the legal landscape of Section 1782 can pose challenges and the application is discretionary. Recent decisions denying Section 1782 applications show the pitfalls applicants often get tripped up on.
