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21 September 2020Lionel Lavenue, Ben Cassady and Joseph Myles

The history and purpose of section 1782: will courts permit discovery into documents located abroad?

For 72 years, the US has permitted foreign parties access to US discovery procedures for use in foreign proceedings. Through 28 USC §1782, parties with an interest in foreign proceedings can seek documents and testimony from entities located in the US “in accordance with the federal rules of civil procedure”—that is, the same rules that govern discovery in US district courts (and the case law interpreting them).

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