International Discovery

Discovery Pursuant to 28 USC § 1782

Obtaining and Defending Against International Discovery Petitions

Charles B. Lembcke, P.A. has handled several cases in United States District Court where  potential and actual litigants in foreign civil and criminal cases, arbritration and administrative proceedings are seeking to obtain evidence for use in overseas legal proceedings. Based in Jacksonville, Florida, we work both for clients to obtain discovery and to  defend against such petitions for those with  interests that would be compromised improperly.

Section 1782 and other sections Title 28 of the U.S. Code allows those persons  facing or involved in arbitration, civil litigation, criminal prosecutions or administrative proceedings to seek discovery for use in foreign proceedings from the United States District Court for the District where the person from whom discovery is sought resides.

The Supreme Court has interpreted Section 1782 broadly to apply to any proceedings in foreign courts and tribunals, including preindictment criminal investigations. This affords those facing or involved in foreign proceeding an opportunity to obtain discovery not available in a foreign tribunal  that exists in the United States. On the other hand, the process can be oppressive and unwarranted upon those from whom discovery is sought. This is an area of complex  and nuanced issues.

Charles Lembcke has  had notable results in this complex and expanding area of the law. He has represented clients related to proceedings in  Switzerland, Russia, Cyprus, Japan, Mongolia and China.

Charles Lembcke is is a veteran trial lawyer and former federal prosecutor whose more than 35 years of experience includes hundreds of federal court trials and appeals. If you or your company are in need of or need to fight international discovery, he can capably promote your legal position. Call (877) 355-5467 or contact us online to arrange a consultation.