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Posts from August 03, 2009
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08-03-09
International problem: You are litigating a case in a foreign jurisdiction, yet crucial evidence is within the United States. How do you obtain and use the evidence? Thanks to 28 U.S.C. § 1782, all individuals or organizations with an interest in foreign or international legal proceedings may obtain broad U.S.- style discovery in support of proceedings abroad, whether or not such discovery is authorized in the foreign jurisdiction.
Section 1782, in part, provides as follows: “The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal. . . . The order may be made . . . upon the application of any interested person . . . .”

