Foreign Discovery Under 28 US Code Section 1782 In French Proceedings

The foreign discovery rules under 28 US Code Section 1782 provides countries where discovery is either forbidden or severely restricted, with a competitive advantage in international litigation.

In civil law countries, such as France, Germany and the Netherlands, discovery as it is known in the United States does not exist. There is no general rule of procedure enabling a party to obtain information from the other party, except in very limited circumstances.

Three mechanisms allow foreign litigants to obtain evidence from a US-residing entity:

1. Their own national procedures, which can be quite limited, especially in civil law countries such as France.
2. Where applicable, the procedures provided for by the Hague Convention on the Taking of Evidence Abroad.