A federal district judge in a discovery action may not consider the admissibility of evidence in foreign jurisdictions when deciding whether to grant a subpoena for testimony or documents for use in a foreign proceeding, the U.S. Court of Appeals for the Second Circuit has ruled.
Extending a rule on the level of inquiry a judge may undertake in deciding whether to grant or quash a subpoena in an action under 28 U.S.C. §1782, the circuit said judges, already prevented from inquiring into the discoverability of evidence in a foreign proceeding, are also barred from probing its admissibility.
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