Originally from Obtaining Evidence for Use in International Tribunals under § 1782, Second Edition

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Appendix B

Intel Corp. v. Advanced Micro Devices, Inc.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
No. 02–572. Argued April 20, 2004—Decided June 21, 2004

In 1964, pursuant to a recommendation by the Commission on Interntional Rules of Judicial Procedure (Rules Commission), and as part of an endeavor to improve judicial assistance between the United States and foreign countries, Congress completely revised 28 U. S. C. § 1782(a). In its current form, § 1782(a) provides that a federal district court “may order” a person residing or found in the district to give testimony or produce documents “for use in a proceeding in a foreign or international tribunal . . . upon the application of any interested person.” The 1964 overhaul of § 1782(a) deleted the prior law’s words, “in any judicial proceeding pending in any court in a foreign country.” (Emphasis added.)