U.S. Court of Appeals in New York clarifies reach of U.S. discovery for use in foreign proceedings

For over 70 years, Section 1782 of the U.S. Judicial Code, 28 U.S.C. § 1782, has authorized U.S. district courts to compel non-parties to foreign proceedings to provide discovery – i.e., production of documents, data, and even deposition witnesses – for use abroad. On October 7, 2019, the U.S. Court of Appeals for the Second Circuit in New York issued an important decision that expands the scope of Section 1782, including by authorizing courts to order non party recipients of requests under Section 1782 to produce documents and electronically stored information (ESI) held outside the United States.

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