Evidence located outside of the United States is becoming
increasingly important in U.S. litigation of antitrust cases. The success of
litigation often depends on the ability of parties to secure access to
evidence abroad. As the U.S. legal system is unique in its approach to civil
litigation, the collection of foreign evidence for use in the United States
commonly encounters resistance from foreign parties, courts, and even
governments that often have a different tolerance for discovery in general,
and more particularly the export of discoverable materials. Consequently,
securing such evidence requires an understanding of the applicable laws
and norms not only in the United States but also the country where the
evidence or witness is located. The purpose of this book is to discuss those
laws and norms.
The first three chapters of the book are devoted to the application of
U.S. law. Chapter II details discovery under the Federal Rules of Civil
Procedure, providing both an overview of the scope of these rules and a
close examination of the specific methods of discovery under the rules.
Many of the concepts discussed in Chapter II will be readily familiar to
U.S. practitioners. Although U.S. courts apply their own procedural law to
discovery requests made in the context of U.S. litigation, there are several
international conventions to which the Unites States is a party. Chapter III
identifies the relevant international conventions and explains how each
applies to the collection of evidence located in one jurisdiction for use in
a foreign jurisdiction. Chapter IV details the common ways foreign law
creates obstacles to U.S. litigants obtaining discovery abroadthese
include blocking statutes, privacy laws, and privileges.
A discussion of legal issues relating to the collection of evidence
abroad would be incomplete if it were limited to U.S. law. It is equally
important to understand the laws of the foreign jurisdiction where the
evidence is located. Many foreign countries have adopted a restrictive
disposition toward discovery requests emanating from the United States.
Chapters V through XX address the laws of Australia, Belgium, Brazil,
Canada, China, France, Germany, India, Italy, Japan, the Netherlands,
South Africa, South Korea, Switzerland, Taiwan, and the United Kingdom
as they apply to discovery requests emanating from U.S. civil courts. The
book, therefore, provides a comprehensive guide to conducting U.S.-based
discovery in foreign jurisdictions.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT