Obtaining Discovery Abroad PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Obtaining Discovery Abroad PDF full book. Access full book title Obtaining Discovery Abroad by . Download full books in PDF and EPUB format.
Author:
Publisher: American Bar Association
ISBN: 9781590315187
Category : Law
Languages : en
Pages : 372
Get Book
Book Description
This newly-revised and expanded edition of Obtaining Discovery Abroad assists those involved in U.S. litigation in understanding the legal and practical steps for bringing evidence from a foreign jurisdiction back to the United States.
Author:
Publisher: American Bar Association
ISBN: 9781590315187
Category : Law
Languages : en
Pages : 372
Get Book
Book Description
This newly-revised and expanded edition of Obtaining Discovery Abroad assists those involved in U.S. litigation in understanding the legal and practical steps for bringing evidence from a foreign jurisdiction back to the United States.
Author: David S. Pennock
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 228
Get Book
Book Description
Author: Brett Harrison (Lawyer)
Publisher: American Bar Association
ISBN: 9781641055086
Category : Law
Languages : en
Pages : 0
Get Book
Book Description
Discovery is one of the principal areas of civil litigation that requires collaboration across national lines and efficacy of court orders beyond jurisdictional boundaries. Although central to the practice of civil litigation in the United States, discovery is virtually unknown in most civil law jurisdictions, which creates a problem for obtaining necessary evidence from these countries. This book considers the procedures for obtaining evidence in the United States through the Federal Rules of Civil Procedure and the Hague Evidence Convention. The book then describes the laws that enable foreign litigants to obtain evidence in the respective countries. Each chapter discusses the controlling law on foreign discovery, including the type of evidence obtainable, confidentiality and privilege, alternative dispute resolution, and costs.
Author:
Publisher: American Bar Association
ISBN: 9781590317006
Category : Law
Languages : en
Pages : 156
Get Book
Book Description
Joint Ventures: Antitrust Analysis of Collaborations Among Competitors is the first book to provide a comprehensive analysis of antitrust joint venture law in the immediate aftermath of the Supreme Court's landmark Dagher decision. It reviews antitrust principles applicable to joint ventures and other competitor collaborations, taking into account relevant statutory and case law as well as government guidelines and enforcement practices.
Author: Brett Harrison (Lawyer)
Publisher:
ISBN: 9781641055093
Category : Discovery (Law)
Languages : en
Pages :
Get Book
Book Description
"Viewed through the prism of civil litigators in the United States seeking evidence in foreign jurisdictions, the first chapter of this book considers the procedures for obtaining evidence in the United States through the Federal Rules of Civil and the Hague Evidence Convention. The book then describes, in successive chapters organized by jurisdiction, the laws that enable foreign litigants to obtain evidence in the respective countries. Each chapter discusses the controlling law on foreign discovery, including the type of evidence obtainable, confidentiality and privilege, alternative dispute resolution, and costs"--
Author: Lucas V.M. Bento
Publisher: Kluwer Law International B.V.
ISBN: 9041189211
Category : Law
Languages : en
Pages : 469
Get Book
Book Description
Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery—the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.’s generous discovery tools, particularly 28 U.S.C. § 1782 (“Section 1782”), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782’s interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person “found” in the district, pursuant to Section 1782? Who qualifies as an “interested person?” What is a “foreign or international tribunal?” Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel—jurisdictional reach, receptivity, circumvention and burden—be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages :
Get Book
Book Description
Author: Rodriguez
Publisher: Martinus Nijhoff Publishers
ISBN: 9004638814
Category : Law
Languages : en
Pages : 316
Get Book
Book Description
International judicial assistance, which is reasonably well settled in criminal law, is still finding its way in civil matters. Here is a very useful survey of problems in this area, describing how they are being handled in various jurisdictions worldwide. The authors examine service of process abroad, obtaining evidence in crossborder litigation, the impact of sovereign immunity, the application of international conventions, and preferred forms of dispute resolution. Contributors include practitioners from both civil law and common law jurisdictions. Published under the Transnational Publishers imprint.
Author: Marvin E. Frankel
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 50
Get Book
Book Description
Author: Herr, Haydock
Publisher: Wolters Kluwer
ISBN: 1454883812
Category : Discovery (Law)
Languages : en
Pages : 1196
Get Book
Book Description
Discovery Practice, Ninth Edition gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whether to do it, and how to do it -- at every stage of the discovery process. Turn to this trusted guide for thorough, up-to-date clarification of: Insurance discoverability Discovery abuse -- its penalties and sanctions Confidentiality and discovery of trade secrets Use of experts Use of investigation files Use of witness statements Protective orders Invoking Rule 29 powers Tapes and telephones depositions Using the Manual for Complex Litigation Foreign discovery Discovery in administrative hearings Discovery in arbitration. Plus detailed coverage of such cutting edge areas as e-mail depositions and FOIA proceedings. Appendices include ready to adapt sample forms. Now, with all the practice tips and valuable strategies packed into Discovery Practice, you can Facilitate early and thorough disclosure of information Quickly determine a core of undisputed facts Intensively promote and pursue a negotiated settlement. Discovery Practice, Ninth Edition gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whet
