The application of U.S. discovery for European disputes

Nicolò Trocker

Chapter 8 in Access to Evidence in Civil Procedure, 2026, pp 182-224 from Edward Elgar Publishing

Abstract: Shopping for U.S. discovery by European litigants has become common under a long time neglected provision – Section 1782 of Title 28 of the U.S. Code – which allows, among others, “any interested person” in a proceeding in a foreign or international tribunal to seek discovery in the form of testimony or statements or production of documents, including electronic files or other tangible evidence, from persons or entities that reside or can be “found” in the United States by way of a direct request to a Federal district court, without first having to apply to the foreign tribunal for letters rogatory. On the basis of the considerable case law the provision has spawned, this chapter provides useful insight on the type of transnational disputes that typically generate discovery aid requests, the kind of assistance that is sought and the main topics that have been addressed by U.S. courts when faced with applications under § 1782 by litigants involved in European proceedings.

Keywords: Evidence; Access to evidence; U.S. Discovery; Section 1782 of Title 28 U.S. Code; International judicial assistance; U.S. civil procedure (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035336128
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