A lawyer in legal proceedings in the United States can readily compel the production of evidence in England for use in U.S. proceedings, including both documents and sworn testimony. However, in keeping with the fact that the English rules governing civil litigation do not allow for U.S.-style pretrial discovery, there are important limitations on what a U.S. lawyer can seek and obtain in England. The procedure in England for compelling production of evidence for use in U.S. civil proceedings is governed by an English statutory framework intended to implement the commitments made by the United Kingdom as a signatory to the Hague Evidence Convention.1
A request that an English court order the production of evidence is typically initiated through the U.S. court in which the underlying litigation is pending. In this article we focus on obtaining evidence under the Hague Evidence Convention2 in cases before U.S. district courts.3
Letter of Request
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