Use of Section 1782 Versus Use of The Hague Evidence Convention
The subject matter of Section 1782 – obtaining evidence in the US for use in legal proceedings outside the United States – overlaps to some extent with the subject matter of a treaty to which the US and approximately forty nations are signatories, the Hague Evidence Convention.
In at least two respects, when a non-US litigant seeks evidence from the United States, there is an advantage in using section 1782 over the Hague Evidence Convention:
- there is no need to have first requested the discovery from the non-US tribunal; and
- sometimes discovery can be granted even before a law suit is commenced outside the United States.
Read more about this topic: Section 1782 Discovery
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