National Law Journal
C. Mark Baker and Efren C. Olivares
May 31, 2010 view as PDF
The proponents of American exceptionalism may well delight in an increasingly popular provision of U.S. federal law: 28 U.S.C. 1782, which allows parties to seek discovery in federal court for use in legal proceedings before "foreign or international tribunal[s]." Provisions like this do not abound around the world, and foreign and even U.S. parties may even be unaware that this one exists.
The text provides that "[t]he 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 statute does not define...
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C. Mark Baker
Efren C. Olivares