https://lettersblogatory.com/2023/06/08/a-letter-of-request-embodies-comity/ The Blog of International Judicial Assistance Sun, 22 Sep 2024 15:10:09 +0000 hourly 1 https://wordpress.org/?v=6.9.4 https://lettersblogatory.com/2023/06/08/a-letter-of-request-embodies-comity/#comment-19342 Sun, 22 Sep 2024 15:10:09 +0000 https://lettersblogatory.com/?p=31717#comment-19342 […] interpreter interpret the proceedings. A letter of request is just that, a request, not an order. It embodies comity. The judge ordered Carbopress to submit a revised proposed letter of request that requested, not […]

]]> https://lettersblogatory.com/2023/06/08/a-letter-of-request-embodies-comity/#comment-6037 Tue, 11 Jul 2023 11:16:10 +0000 https://lettersblogatory.com/?p=31717#comment-6037 […] The court also approved issuance of the let­ter of request after an Aérospa­tiale analy­sis. It may seem hope­less, but I want to reit­er­ate my view that it makes no sense to go through the Aérospa­tiale fac­tors when decid­ing whether to issue a let­ter of request for dis­cov­ery from a non-par­ty. The point of Aérospa­tiale is to help courts decide whether for­eign par­ties should have to respond to US dis­cov­ery requests or whether the par­ty seek­ing evi­dence should have to resort first to the Evi­dence Con­ven­tion, as a mat­ter of comi­ty. If you start by say­ing that you want to serve a let­ter of request, which is after all the only way to obtain dis­cov­ery from a non-par­ty abroad, there is no comi­ty deci­sion to be made. Let­ters of request embody comi­ty. […]

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