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In 1964, Congress revised the wording of 28 U.S.C. Section 1782. Section 1782 is titled “Assistance to foreign and international tribunals and to litigants before such tribunals.” Prior to 1964, a district court could issue a discretionary discovery order for use “in any judicial proceeding pending in any court in a foreign country.” After 1964, a district court could decide to order discovery to provide assistance “in a proceeding in a foreign or international tribunal, including criminal investigations conducted before formal accusation.” To obtain such assistance an “interested person” had to request that a district court order that “testimony” or a “statement be given” or that a “document or other thing be produced” by a person (individual or corporation) residing in or found within the district. The discovery order would prescribe the “practice and procedure” to be utilized, “which may be in whole or part the practice and procedure of the foreign country or the international tribunal.”

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