How can a party obtain jurisdictional discovery in an international court?
In Massachusetts, a party can obtain jurisdictional discovery in an international court by filing a motion for “leave to take jurisdictional discovery.” This motion must be filed with the court where the case is pending. A jurisdictional discovery motion must specify the parties involved, the nature of the claim, and the specific information that the party is seeking. The information must be relevant to the case, and the party must demonstrate a need for the information to make a substantial argument in the case. The court may grant the motion if it finds that the requested information is necessary and relevant to the case, and if it does not unduly burden the opposing party. The court may also impose conditions or limitations on the motion, such as requiring a specific time frame for the completion of the discovery process. The party can then file a request for the information to the relevant international court. The request must be properly served on the foreign court or parties, and must be accompanied by the necessary fees or costs associated with obtaining the information. Once all of the requirements are met, the court may grant the motion and the party can obtain the information through jurisdictional discovery. This process can help a party gather the necessary evidence to make their case within an international court.
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