Published: March 1999
Practice and Procedure
Description: Federal courts in the United States have been highly accommodating in authorizing discovery of U.S. residents for use in foreign litigation. The majority of decisions allow discovery even without a formal request from the foreign tribunal, and even if such discovery is unavailable in the forum where the litigation is pending. The United States courts long ago abandoned any requirement of reciprocity in deciding whether to allow discovery, reasoning that the allowance of discovery in accordance with U.S. procedures would set an example for foreign states to emulate, even if they do not presently follow those procedures.
*Brian M. Cogan is a partner in the New York office of Stroock & Stroock & Lavan LLP. His practice is concentrated on international and creditors’ rights litigation.
**David A. Sifre is an associate at the firm.