International Evidence Taking

Rely on Legal Language Services to:

International Evidence Taking

  • Arrange voluntary depositions in compliance with foreign law
  • Compel testimony of unwilling witnesses
  • Seek production of documents and things
  • Authenticate government and business records
  • Retain support personnel in overseas jurisdictions
  • Provide linguistic support at all stages of litigation

Legal Language Services is known for its expertise in taking testimony and document production from reluctant witnesses located abroad.

Legal Language offers strategic approaches to obtaining such evidence and maintains a worldwide network of foreign attorneys with practical experience in supporting and defending US evidentiary requests before foreign courts.

Generally speaking, foreign courts are extraordinarily wary of pre-trial discovery of any sort, so they are unwilling to assist litigants if requests are not formulated in a limited and very particular manner. (This is especially true in civil law systems, where the taking of evidence is considered a sovereign function of the court, rather than a practical function of counsel.)

Identifying that limited and very particular manner is our specialty.

LLS’ attorneys and paralegals are globally-recognized experts in transnational litigation, serving as advisors to the Hague Conference on Private International Law in the development and revision of its deskbooks on the Hague Service Convention and Hague Evidence Convention.

We draft and submit requests pursuant to Chapter I of the 1970 Hague Evidence Convention, and we:

  • Ensure proper translation of Hague requests where necessary
  • Advise on blocking statutes and anti-fishing policies
  • Catalog foreign discovery documents
  • Qualify counsel to vet Hague Requests for compliance with foreign law
  • Apply for official permission to conduct compulsory consular or commissioner depositions
  • Track Hague Requests through foreign court systems
  • Provide local interpreters and court reporters, and
  • Negotiate with foreign judges regarding the logistics of deposition hearings, including special accommodations sought pursuant to Article 9 of the Convention.

Further, LLS provides venues and support personnel (including foreign attorneys, commissioners, consular officers, court reporters, videographers and interpreters) for depositions of cooperative witnesses sought under Chapter II of the Hague Evidence Convention, as well as advice on the propriety of so-called “informal depositions” sought pursuant solely to US rules.

Where the 1970 Hague Evidence Convention is not in effect, Legal Language will assist in gaining testimony by means of letters rogatory or direct application to foreign courts.

Legal Language has experience applying for and serving subpoenas on US nationals and residents located abroad pursuant to 28 USC §1783, and can advise on how such subpoenas should be coordinated with multilateral or bilateral judicial assistance agreements which may be in effect.

Legal Language provides translations of legal documents into any of 157 languages. Our certified translations and transcriptions are accepted by jurisdictions around the world.

LLS has the worldwide contacts and the practical information necessary to determine the cost, time frame and potential pitfalls involved in obtaining evidence.

Call 800-755-5775 to speak with one of our attorneys and explore a strategy for obtaining foreign evidence.

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