Regular readers of this column will recall that, over the years, we have written a number of articles about Section 1782 of Title 28 of the U.S. Code.1 In this article, we discuss some recent case law developments concerning this statute.
To start, a reminder about Section 1782. In a very general sense, if discovery is sought for use “in a proceeding in a foreign or international tribunal,” Section 1782 authorizes a federal district court to order production of documents, as well as depositions of witnesses, located within that district. The Section 1782 application, which can be brought by “an interested person” (which includes a party to the foreign proceeding), is typically brought by way of an ex parte application and does not require that the foreign proceeding even be pending at the time of application.
The Chevron Cases
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