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The Special Commission on Documentary Evidence under the Evidence Convention
Today I am highlighting the conclusions and recommendations of the 2024 Special Commission relating to Article 23 of the Evidence Convention. Article 23 provides that states may, if they wish, declare that they will “not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries.”……
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Case of the Day: In re SKAT Tax Refund Litigation
The case of the day is In re SKAT Tax Refund Litigation (S.D.N.Y. 2024). After a trial date had been set and long after the close of fact discovery, both sides in the case, a multi-district litigation consolidated before Judge Kaplan in New York, sought issuance of letters of request to take testimony abroad. The……
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The Upcoming Special Commission Meeting
The Special Commission on the practical operation of the 1965 Service, 1970 Evidence and 1980 Access to Justice Conventions will take place from July 2 to 5 in The Hague. I’ll be attending as part of the ITechLaw delegation, along with friend of Letters Blogatory Alex Blumrosen of the Paris bar. The Special Commission is……
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The Evidence Convention and Contemplated Proceedings
There is always something new to learn about the Evidence Convention! Recently I was consulted by a client for whom I had prepared letters of request. The case had settled, but the client expected a new, related case to be filed soon. Could we “get the ball rolling” by seeking issuance of letters of request……
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More on Rulemaking and Cross-Border Discovery: FRCP 28
My last post on the desirability of amending the Federal Rules of Civil Procedure to account for cross-border discovery got me thinking more about the topic. Let’s look at one of my favorite rules, FRCP 28. It’s little-known, but in some ways it’s the key rule for cross-border discovery practice. Rule 28 provides that that a……