Because of the width and breadth of US discovery procedure, a
number of cases are settled before they go to trial. Such a
procedure is provided for under 28 USC Section 1782
As all original side lawyers in India know, discovery is very
narrow and restricted under the Code of Civil Procedure, 1908
("CPC"). It cannot be "roving and fishing". An
affidavit of document is conclusive except in limited
circumstances. Interrogatories must be relevant and there is no
discovery by deposition1. However, if you are suing or
going to sue an entity or person from United States of America
("US") or are being sued by such person or entity in
India, you can file an application in a US Federal Court to get US
style discovery from such person or entity. US discovery procedure
is extensive, can give much broader access to the US persons or
entity's document and allow you to examine their witnesses and
other relevant persons before you get to a trial. Additionally,
such a procedure can
