Introduction

There are a wide range of options available to United States courts in imposing requirements under applicable law where foreign-based evidence is to be obtained. This is due to the court's power to order the production of evidence where there is in personam jurisdiction over the parties. At the same time, in considering foreign evidence requests, courts may be sensitive to comity and judicial sovereignty factors which may constitute valid defenses to discovery requests. In understanding this topic, counsel must focus on the type of discovery sought, whether the discovery is ...