Using 28 U.S.C. § 1782 to Obtain Discovery for Foreign Proceedings

In an increasingly global business environment, disputes frequently span jurisdictions. Parties involved in foreign litigation or arbitration often require access to evidence located in the United States.

One of the most powerful tools available in this context is 28 U.S.C. § 1782, which permits litigants to seek discovery in U.S. federal courts for use in foreign proceedings.

What Is Section 1782?

Section 1782 allows a party to apply to a U.S. federal district court for an order compelling testimony or document production from a person or entity found within the district.

It enables litigants to take advantage of U.S.-style discovery even when the underlying dispute is being litigated abroad.

Strategic Advantages

• Access to documents and testimony located in the United States
• Broader discovery than may be available in foreign jurisdictions
• Leverage in high-stakes cross-border disputes

The Intel Framework

Courts evaluate Section 1782 applications using the discretionary framework outlined in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004), including factors relating to the nature of the foreign proceeding and the scope of the requested discovery.

Experience Matters

Section 1782 applications are frequently contested and require careful strategic positioning. We have successfully litigated these matters in federal courts across the United States, including the Southern District of New York and the Southern District of Florida.

Conclusion

When used effectively, Section 1782 can provide access to critical evidence and materially impact the outcome of cross-border disputes.

For matters involving cross-border disputes or discovery in aid of foreign proceedings, please contact the firm.