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Discovery in International Civil Litigation: A Guide for Judges

Timothy P. Harkness, Rahim Moloo, Patrick Oh, Charline Yim
December 2, 2015

At an increasing rate, U.S. courts are hearing cases in which parties seek evidence located abroad or parties to a foreign or international proceeding seek evidence located in the United States. International discovery issues pose difficult and complex challenges, at both the procedural and substantive levels. This guide seeks to address these issues by providing a practical overview of cross-border discovery questions that commonly arise in civil cases before federal courts.