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
Famous quotes containing the words section, hague, evidence and/or convention:
“The demonstrations are always early in the morning, at six o’clock. It’s wonderful, because I’m not doing anything at six anyway, so why not demonstrate?... When you’ve written to your president, to your congressman, to your senator and nothing, nothing has come of it, you take to the streets.”
—Erica Bouza, U.S. jewelry designer and social activist. As quoted in The Great Divide, book 2, section 7, by Studs Terkel (1988)
“We hear about constitutional rights, free speech and the free press. Every time I hear those words I say to myself, “That man is a Red, that man is a Communist.” You never heard a real American talk in that manner.”
—Frank Hague (1876–1956)
“Never say a humorous thing to a man who does not possess humour. He will always use it in evidence against you.”
—Herbert, Sir Beerbohm (1853–1917)
“No convention gets to be a convention at all except by grace of a lot of clever and powerful people first inventing it, and then imposing it on others. You can be pretty sure, if you are strictly conventional, that you are following genius—a long way off. And unless you are a genius yourself, that is a good thing to do.”
—Katharine Fullerton Gerould (1879–1944)