In a foreign law case, discovery is a critical aspect that could quite literally make or break the case.
Few attorneys have significant experience working with foreign law and foreign discovery, making a case that involves foreign aspects exponentially more difficult.
Here’s what you need to know about the foreign discovery process and what to do if your case has a foreign element.
1. Failure to Conduct Foreign Discovery Properly Could Have Dire Consequences
Foreign discovery involves a special set of regulations that must be adhered to during the discovery process. The regulations can differ from region to region, meaning that what applies in one country may not necessarily apply in another. Without adhering to the regulations or rules set forth by the area in which the discovery is being conducted, evidence may be compromised. In some cases, mistakes made during the foreign discovery process has led to the inadmissibility of evidence, or worse, an unenforceable judgment.
2. Domestic Cases Can Turn International Without Warning
Most people assume that a domestic case will stay domestic, but it is not uncommon for a domestic case to turn up foreign elements without warning. For example, a money laundering case may have foreign connections, or a third-party witness can be discovered living or staying in another country. In cases like these, it is critical to work with an attorney who understands the foreign discovery process in order to preserve evidence, witness testimony, and the positive outcome of the case.
3. Discovery In Other Countries Differs Greatly From American Discovery
Not surprisingly, an American subpoena means little in another country. Additionally, the rules that apply to the discovery process in a foreign area are vastly different from the rules that apply to the discovery process in America. Not all discovery may be available in foreign countries, and not all discovery may be admissible in an American court. While many attorneys who work a case involving a foreign element will continue to do so without seeking additional resources, this can cause significant problems within the case that are most often irreversible.
Contact the Foreign Service Law Office, LLC Today
Attorney Mark Dunaevsky has spent decades working specifically with international law, and he has the skills and experience to provide you with expert legal representation when your case involves a foreign element.
Contact the Foreign Service Law Office, LLC today for a consultation to discuss your case, or to learn more about international law as it relates to your specific needs. Call now at (847) 869-8319 or toll free at (888) 351-7263.