(L-R) Cliff C. Gardner and Andrew Kinsey of Skadden, Arps, Slate, Meagher and Flom. Courtesy photos. Court of Chancery Issues Guidance on Letters of Request Under the Hague Convention
On Nov. 18, 2022, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued an opinion that provides a helpful roadmap for future litigants seeking discovery from foreign nonparties. In In re Cote d'Azur Estate, the court granted a plaintiff's request for the issuance of a letter of request to "obtain the assistance of the central authority in Switzerland to facilitate discovery."
January 04, 2023 at 12:45 PM
8 minute read
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On Nov. 18, 2022, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued an opinion that provides a helpful roadmap for future litigants seeking discovery from foreign nonparties. In In re Cote d'Azur Estate, the court granted a plaintiff's request for the issuance of a letter of request to "obtain the assistance of the central authority in Switzerland to facilitate discovery." In doing so, the Vice Chancellor discussed the balancing test that courts must undertake before granting the issuance of a letter of request under the Hague Convention. The court subsequently granted another motion for letters of request using the same framework described below.
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