When examining discovery under 28 U.S.C. § 1782, the statute itself directs that documents should be produced “in accordance with the Federal Rules of Civil procedure.” Most relevant to this topic is FRCP 26, which requires a party to produce documents that are within its “possession, custody, or control,” while the other relevant Federal Rules also help to clarify the application of this general principal throughout different steps of the discovery process. Access to discovery becomes more complicated, however, when assessing whether a party has control over documents that are in the physical possession of a third party. In such instances, courts must examine the relationship between the party and the non-party to determine if it would be proper to infer that the party has control over the data. Courts are divided as to how exactly to determine when “control” exists, with some favoring a narrow “Legal Right” standard, and others adopting a more expansive “Practical Ability” standard.