As transnational litigators know well, obtaining foreign discovery can be one of the most challenging and resource-intensive aspects of the practice. Recently, however, 28 U.S.C. §1782 has roared onto the legal scene and established itself as a crucial tool in the transnational litigator’s arsenal. Section 1782 provides for the production of documents and evidence, as well as the taking of testimony, of persons located within the United States for use before a foreign tribunal. Attorneys litigating in foreign jurisdictions are well advised to gain an appreciation for the discovery-producing power of this long-underappreciated statute.
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