As the world becomes increasingly globalized, lawyers are more than ever involved in litigating matters for or against people and organizations that are involved in disputes within the United States, but are located in foreign jurisdictions. In these circumstances, domestic practitioners likely will need to obtain evidence from sources located in foreign nations with which they have little prior professional experience. For those attorneys who seldom encounter an international issue, conducting discovery abroad can be both confusing and overwhelming, but a brief review of some of the sources governing the process can help alleviate any anxiety associated with pursuing an international claim.

Several methods exist to conduct discovery outside of the United States. In Pennsylvania, the options include the following: (1) a deposition on notice before a person authorized to administer oaths in the place where a deposition is to be held either by local law or U.S. law (Pa.R.C.P. 4015(b)(1)); (2) a deposition before a person commissioned by the Pennsylvania court to administer oaths (Pa.R.C.P. 4-15(b)(2)); or (3) a deposition after application to the Pennsylvania court presiding over the litigation, pursuant to a letter rogatory under Pa.R.C.P. 4015(b)(3) and 42 Pa. C.S. Section 5325, or a letter of request, in accordance with the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.

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