Recent Cases Illustrate Benefits And Pitfalls Of Section 1782 Discovery

Keywords: Section 1782 discovery, foreign discovery policy

Three recent US federal court decisions provide additional insight into the scope of permissible discovery under 28 U.S.C. § 1782. These decisions from the Second and Eleventh Circuits continue to sharpen the boundaries of Section 1782 discovery and should improve predictability for practitioners.

Section 1782 is a vehicle for conducting discovery in the United States for use in a foreign proceeding. The applicable legal framework is well-established. A district court is authorized to grant a Section 1782 request when:

• The person from whom discovery is sought resides (or is found) in the district,
• The discovery is for use in a proceeding before a foreign tribunal, and