Section 1782: Discovery in Support of a Foreign Proceeding

This will be the first in a series of Legal Updates about international discovery and cross-border litigation.

Companies embroiled in foreign litigation often forget about a powerful tool available in the United States. Recognizing that foreign tribunals can lack the power or desire to order broad discovery, Congress passed 28 U.S.C. § 1782, which permits any party “interested” in a foreign proceeding to apply for U.S.- style discovery from any entity “found” in the United States. If the application is granted—which it usually is—the applicant can get U.S.-style discovery.