Obtaining Evidence in England for U.S. Proceedings

, New York Law Journal


James Drake, a barrister and examiner in London, and David Spears, a partner at Spears & Imes, write: A lawyer in legal proceedings in the United States can readily compel the production of evidence in England for use in U.S. proceedings, including both documents and sworn testimony. However, in keeping with the fact that the English rules governing civil litigation do not allow for U.S.-style pretrial discovery, there are important limitations on what a U.S. lawyer can seek and obtain in England.

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