When Does a Subpoena for Documents in a Foreign or International Tribunal Require Personal Jurisdiction?

21 Wednesday Feb 2018

Posted by Celia C. Elwell, RP in Discovery, International Law, Requests for Production

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28 U.S.C. § 1782, Gilbert A. Samberg, International Law, Lexology Blog, Request for Production of Documents

Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The Subpoena Target, posted by Gilbert A. Samberg, Mintz Levin Cohn Ferris Glovsky and Popeo PC, Lexology Blog

http://bit.ly/2FbbE5e

When someone mentions a subpoena for documents, most of us think of a subpoena duces tecum under Fed. R. Civ. P. 45. Title 28 U.S.C. § 1782 also is used to subpoena documents, but in cases involving a foreign or international tribunal. How easy is it to meet that standard?

This post explains the three threshold standards and how the Second Circuit Court handled it. -CCE