Discovery Across the Globe: Obtaining Evidence Abroad to Support U.S. Proceedings - Jorge A Mestre

Discovery Across the Globe: Obtaining Evidence Abroad to Support U.S. Proceedings Jorge A Mestre ISBN 9781641055086

Civil litigation in the United States is increasingly becoming a global practice, requiring attorneys and courts to navigate foreign and international law in order to resolve domestic disputes. One of the most critical—and complex—aspects of modern civil litigation is discovery, which often demands coordination across national borders and relies on the enforceability of court orders beyond domestic jurisdiction. While discovery is a cornerstone of U.S. civil procedure, it is virtually unknown in most civil law countries, creating significant challenges in obtaining evidence from foreign jurisdictions.

Foreign Discovery and Evidence: A Comparative Guide provides a comprehensive framework for understanding and navigating these challenges. The book begins by examining the procedures for obtaining evidence in the United States under the Federal Rules of Civil Procedure and the Hague Evidence Convention. It then progresses, chapter by chapter, to analyze the legal frameworks in various foreign jurisdictions that enable or limit the collection of evidence.

Each jurisdictional chapter addresses critical issues including:

• The types of evidence that can be obtained abroad

• Rules governing confidentiality and privilege

• Procedures for alternative dispute resolution

• Cost considerations associated with foreign discovery

• Limitations and enforcement mechanisms under local law

By offering both a U.S.-focused procedural foundation and a comparative analysis of international discovery practices, this book equips litigators, in-house counsel, and courts with the practical guidance needed to effectively gather evidence across borders and ensure compliance with foreign legal systems.

Discovery Across the Globe: Obtaining Evidence Abroad to Support U.S. Proceedings Jorge A Mestre ISBN 9781641055086, 978-1641055086 & 9781641055093

Editors
Jorge A Mestre
Gavin Foggo
Brett Harrison