Evidence and Foreign Discovery Based on Hague Evidence Convention
Discovery that is conducted on foreign entities and persons brings forward a set of rules and complications that are special to the international arena.
The ability to conduct foreign discovery properly under foreign laws is essential to the admissibility of your evidence, and even to the enforcement of the consequent judgment in a foreign court.
If the foreign discovery process is not completed correctly and according to foreign laws, you may not be able to admit certain evidence, and you also run the risk that judgment will not be enforced.
Although most cases in the United States stay within the country’s boundaries, occasionally domestic litigation will unexpectedly turn international. Hostile, third party witnesses can turn up in other countries, and local disputes can turn on the discovery of documents and other evidence in foreign countries.
Do You Need an Attorney for Foreign Discovery?
In these types of cases, it is critical to have solid legal support. By working with a Hague Service Convention attorney who understands the complex laws surrounding foreign cases, you can be sure that your case is being handled correctly.
Too often an attorney, when confronted with foreign discovery, may give up, or worse, he or she may mishandle the discovery attempt. This can seriously compromise a case. Once the damage is done, it generally can’t be reversed.
A state subpoena from an American court is simply not valid in other countries. Also, the discovery rules in foreign countries are not congruent with basic American discovery principles.
It is important to understand:
- what discovery is available in foreign jurisdictions
- what foreign discovery is admissible in American courts
- what discovery will meet your needs or your clients’ needs
Putting all this together can be exceedingly complex, which is why it is so imperative that you obtain seasoned legal representation as soon as possible if your case involves a foreign component.
Contact a Foreign Discovery Law Firm Today
Foreign Service Law Office is experienced in managing international discovery, whether by:
- treaty, such as the Hague Evidence Convention or the Inter-American Convention
- letters rogatory
- diplomatic means
- specialized methods of discovery
We can help you better understand how foreign laws relate to your case, and we can create a solid legal strategy that gives your case the best chance for success.
Foreign Service Law Office. Your expert on evidence and international discovery.