28 U.S.C. § 1782 (“Section 1782”) is a tool to obtain discovery for use in foreign (non-US) proceedings. As discussed in this client alert, petitioners all over the world have successfully used Section 1782 to obtain discovery from a variety of entities who are in the United States in support of non-US regulatory and civil litigation proceedings.
Section 1782 may also be used to obtain evidence from parties found in the United States in support of judicial efforts by judgment and award creditors to satisfy unpaid judgments and awards through collection proceedings taking place in courts all over the world outside the United States. Section 1782 is, therefore, a powerful tool that a judgment or award creditor may be able to use to identify assets of the judgment or award debtor on a global scale, such that the creditor may pursue execution proceedings in only those jurisdictions where the debtor’s assets lie.
