How can cross-border discovery be conducted in international litigation?

Cross-border discovery is an important part of international litigation, as uncovering evidence from abroad can be critical for a successful case. Companies and organizations often have documents and records outside the jurisdiction in which the dispute is taking place. The Hague Evidence Convention of 1970 is an international treaty that enables parties to request and obtain documents from other countries. In Delaware, parties can use the International Litigation Process Act (ILPA) to seek evidence in other jurisdictions. The process requires the party seeking evidence to send an application for discovery to the court in the other jurisdiction and to the party located there. The application is likely to need to be translated into the language of the court in the other jurisdiction, and typically it must be served in person. The process can be time-consuming depending on the country where the evidence is located. Other methods of collecting international evidence include information requests, document subpoenas, and interviews. Information requests are informal requests sent to a party abroad who has information related to the case, and document subpoenas are more formal requests. Interviews can be conducted for witnesses abroad, but this can be a more expensive option than other methods. Cross-border discovery can be a complex process in international litigation, and it requires knowledge of the legal framework of a given country, as well as a solid understanding of the applicable laws. In Delaware, parties involved in international litigation should contact an experienced attorney with knowledge in international litigation law. An attorney can assist in navigating the complexities of obtaining evidence from abroad, as well as in helping to make sure that any evidence obtained is admissible in court.

How can cross-border discovery be conducted in international litigation?

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