As discussed in a
previous blog post, an interested party in a foreign or
international proceeding may apply to a United States District
Court for discovery from an individual or corporation who resides
or is found in the district. This blog describes the procedural
steps for pursuing or responding to discovery requests under 28
U.S.C. § 1782. The operative language of section 1782(a)
provides:
The district court of the district in
which a person resides or is found may order him to give his
testimony or statement or to produce a document or other thing for
use in a proceeding in a foreign or international tribunal,
including criminal investigations conducted before formal
accusation. The order may be made pursuant to a letter rogatory
issued, or request made, by a foreign or international tribunal or
upon the application of any interested person and may direct that
the testimony or statement be given, or the document or other thing
be produced, before a person