eDiscovery Daily Blog
eDiscovery Trends: Section 1782 – For Foreign Parties to Request U.S. Discovery
We've discussed international eDiscovery issues and the process that U.S. attorneys have to go through as they request electronic documents and evidence from locations in other countries around the world in a couple of recent posts. But what about the reverse? Does the Hague Evidence Convention cover international requests for electronic information that is held by U.S. businesses and individuals?
In fact, it does, but the Hague Convention is not the primary legal statute used by foreign entities to request discovery within the United States. Section 1782 of Title 28 of the United States Code, widely known as "Section 1782," is a federal statute that allows attorneys outside the U.S. to request discovery in American courts from an American citizen or business. This statute lays out the requirements that must be met by any international requests for either testimonial evidence or documents – including electronic documents requested in the discovery process.
In many ways, it's easier for foreign attorneys and interested parties to request data within the U.S. Section 1782 than it is for U.S. lawyers to request discovery in other countries. Section 1782 is designed to simplify the process and spell out what U.S. courts are trying to acquire through these international discovery requests. There are three requirements in Section 1782 for anyone applying for discovery information:
- The applicant under Section 1782 must demonstrate that he or she is an "interested person" in a proceeding outside the U.S.;
- The proceeding must be conducted before a foreign "tribunal"; and
- The application under Section 1782 must be filed in the district of the person or entity from which evidence is requested.
Section 1782 discovery isn't effortless by any means – it requires several types of proof of relevance before discovery will be permitted – but it does provide a framework for legal discovery across national boundaries, one that is arguably much friendlier and more transparent than the rules U.S. attorneys must navigate when conducting discovery requests in other nations in the European Union (E.U.), Asia, Africa, and elsewhere around the world.
So, what do you think? Have you ever been involved in a proceeding that involved Section 1782 discovery? Please share any comments you might have or if you'd like to know more about a particular topic.