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The Supreme Judiciary: October Term 2022
Cross-border litigation challenges include obtaining documentary evidence from a country outside of the forum. Experts discuss how to obtain documents from a party or non-party that is based in a foreign jurisdiction, how well do foreign courts support discovery as it is known in the United States, and other important questions.
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Closed Captioned.
The best case could be in jeopardy, if there is no effective access to evidence. In a global world, one of the challenges in cross-border litigation is obtaining documentary evidence from a country outside of the forum. State sovereignty and effective gathering of evidence could be polarizing issues. Additionally, different legal systems could clash.
How do you obtain documents from a party or even non-party that is based in a foreign jurisdiction? Which treaties or statues could apply? What are the requirements and procedures? Do foreign courts support extensive discovery as it is known in the United States, and vice versa? What are the costs and how much time does the process usually take? What rights do parties have?
IC2105LITW4OLC
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5/26/2021 12:00:00 AM
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The Supreme Judiciary: October Term 2022
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