The “location, location, location” mantra is, of course, most well known in the real estate industry. In today’s column, we look at two recent cases in which location was the key element in decisions in the realm of international litigation. In the first, we look at whether 28 U.S.C. §1782 can be used to obtain evidence located outside the United States. In the second, we answer the question, “when is a U.S. citizen not a citizen?”
Regular readers of this column will recognize Section 1782 as a statute we have addressed periodically over the years. Section 1782 provides U.S. discovery to parties to foreign proceedings. The requirements for meeting the statute are, broadly speaking, simple and straightforward. The person from whom the evidence (documentary or deposition) is sought must be present in the district in which the application is brought. The application must be brought by the foreign tribunal or by an “interested person” (a party to the foreign proceeding qualifies as an interested person). And, the evidence sought must be “for use in a foreign or international tribunal.”
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