Originally from Obtaining Evidence for Use in International Tribunals Under Section 1782

Last Updated: December, 2020

Preview Page

I. INTRODUCTION

Section 1782 of Title 28 of the United States Code provides American federal courts with wide-ranging powers to assist in obtaining evidence for use in foreign and international proceedings.  Enacted with the “twin aims” of “‘providing efficient assistance to participants in international litigation and encouraging foreign countries by example to provide similar assistance” to American courts,  Section 1782 adopts a deliberately liberal approach to international judicial assistance in evidence-gathering, shedding many of the limitations of prior statutory provisions relating to judicial assistance. It reflects the United States’ view of its role in the international litigation community: that of a willing assistant to foreign tribunals and parties and of a role model for other nations, leading by example in making its assistance available to other nations and international tribunals without requiring reciprocity as a pre-condition.