Now more than ever, evidence for litigation can be located across multiple countries. If documents or witnesses are located within the United States, then foreign attorneys can receive that evidence to support foreign litigation pursuant to 28 U.S.C. § 1782, commonly referred to as “Section 1782.”
A Section 1782 application is similar to seeking a norwich pharmacal order in other common law jurisdictions.
How do you know if you qualify under 28 U.S.C. § 1782?
If you have a pending foreign proceeding, or a contemplated foreign proceeding, and documents or witnesses are located within the United States then you can seek judicial assistance under Section 1782.
Section 1782 can be used to obtain evidence in support of foreign civil, criminal, marital, inheritance, administrative, bankruptcy and regulatory cases. The purpose of the statute is to assist international litigants by making the U.S. discovery process available in support of proceedings outside the country.
The benefits for seeking evidence under 28 U.S.C. § 1782
Section 1782 can be a game-changer in litigation occurring overseas. However, the timing and sequencing of seeking a Section 1782 application is critical and requires close collaboration with foreign co-counsel. At Osorio Internacional, we have used Section 1782 to trace assets, investigate fraud, depose witnesses and collect relevant corporate documents that are unavailable in the foreign proceeding.
Because American discovery rules are more expansive than those in other countries, Section 1782 offers a rare opportunity to obtain crucial evidence that is not obtainable from a foreign court.
Reach Out to Osorio Internacional Today
Osorio Internacional is ready to assist in evaluating and preparing your Section 1782 application. Through the careful use of Section 1782, we help you gain the evidentiary edge you need in complex, multinational disputes. Reach out today to discuss your options.