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A Second Circuits § 1782 Trilogy: Providing Foreign Litigants their Statutory Rights to Harness the Power of U.S. Pre-Trial Discovery

A Second Circuits § 1782 Trilogy: Providing Foreign Litigants their Statutory Rights to Harness... - 200 - .. The Commission pressed initially for United States snd foreign that U.S. s t a ~ t o ~ scheme' It was milateral domestic refom in fhe The Broad Scope of the the allows a court to order a witness to give his 'testimony Or statcmentn" This formulation is not redundant because under lega1 systems the statements of parties to the litigation sre not "testimony" acceptable for evidentisry purposes. ~ccordingly, the disjunctive in Section 1782 was intended to allow uaS. courts the to Order the giving of "statementsw persons whose remsrks would by be considered acceptable "testimony" under foreign practice.~3 respect to precisely EbQis entitled to seek assistance, the statute authorizes the foreign C O W or tribunal to avail itself of its before whom the statement or enables the U.S. court to c procedure by appointing a person who may have been desigated for purpose by the foreign tribunal.19 evidence. Accordingly, the 1782 to fashion, if needed, substance .the procedure tribunal? no special provision^ as to form me made the section 1782 will be governed by the UeS~rocedure.~~ Pro' granting assistance, fees on the requesting (or other) p m to travel expenses and legal http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png ASA Bulletin Kluwer Law International

A Second Circuits § 1782 Trilogy: Providing Foreign Litigants their Statutory Rights to Harness the Power of U.S. Pre-Trial Discovery

ASA Bulletin , Volume 14 (2) – Jun 1, 1996
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Publisher
Kluwer Law International
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Copyright © Kluwer Law International
ISSN
1010-9153
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Abstract

- 200 - .. The Commission pressed initially for United States snd foreign that U.S. s t a ~ t o ~ scheme' It was milateral domestic refom in fhe The Broad Scope of the the allows a court to order a witness to give his 'testimony Or statcmentn" This formulation is not redundant because under lega1 systems the statements of parties to the litigation sre not "testimony" acceptable for evidentisry purposes. ~ccordingly, the disjunctive in Section 1782 was intended to allow uaS. courts the to Order the giving of "statementsw persons whose remsrks would by be considered acceptable "testimony" under foreign practice.~3 respect to precisely EbQis entitled to seek assistance, the statute authorizes the foreign C O W or tribunal to avail itself of its before whom the statement or enables the U.S. court to c procedure by appointing a person who may have been desigated for purpose by the foreign tribunal.19 evidence. Accordingly, the 1782 to fashion, if needed, substance .the procedure tribunal? no special provision^ as to form me made the section 1782 will be governed by the UeS~rocedure.~~ Pro' granting assistance, fees on the requesting (or other) p m to travel expenses and legal

Journal

ASA Bulletin – Kluwer Law International

Published: Jun 1, 1996

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