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Introduction by Jorge Mestre
Discovery Across the Globe: Obtaining Evidence Abroad to Support U.S. Proceedings
Edited By Brett Harrison, Gavin Foggo and Jorge A Mestre
Discovery Across the Globe: Obtaining Evidence Abroad to Support U.S. Proceedings
Edited By Brett Harrison, Gavin Foggo and Jorge A Mestre
This book considers the procedures for obtaining foreign and international evidence in order to resolve domestic cases.
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Civil litigation in the United States is becoming an increasingly international practice, requiring litigants and courts to apply foreign and international law in order to resolve domestic cases. Discovery is one of the principal areas of civil litigation that requires collaboration across national lines and efficacy of court orders beyond jurisdictional boundaries. Although central to the practice of civil litigation in the United States, discovery is virtually unknown in most civil law jurisdictions, which creates a problem for obtaining necessary evidence from these countries.
This book considers the procedures for obtaining evidence in the United States through the Federal Rules of Civil Procedure and the Hague Evidence Convention. The book then describes, in successive chapters organized by jurisdiction, the laws that enable foreign litigants to obtain evidence in the respective countries. Each chapter discusses the controlling law on foreign discovery, including the type of evidence obtainable, confidentiality and privilege, alternative dispute resolution, and costs.
Product Details
Sponsors
Section of Litigation
Publishers
ABA Book Publishing
ISBN
9781641055086
Page Count
358
Product Code
5310470
Trim Size
7x10
Publication Date
1/31/2020 12:00:00 AM
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