The US statutory procedure known as “section 1782” can allow a litigant in non-US proceedings to obtain what is tantamount to full US-style discovery from a US based entity, for use in the foreign proceedings. This can be particularly valuable to litigants in jurisdictions that have limited procedures for disclosure of evidence, such as many civil law countries. However, it can also be a useful weapon in the armoury of litigants in other jurisdictions. This is particularly the case in relation to obtaining evidence from third parties, but also potentially to obtain from an opponent evidence not as readily obtainable (or not at a particular time) under the domestic jurisdiction’s own disclosure procedures. Continue reading
