Foreign Evidence Compulsion

1o5tclYou’ve served the complaint on all of your defendants, they’ve entered their appearances, and everybody is girded up for battle.  Discovery commences.  In one of your depositions, you learn that one of the defendants was somehow selling a knock-off of your client’s product in Europe through a British distributor, and you are convinced that somewhere

Few things in transnational litigation are as vexing or as unnecessarily frightful as the Letter Rogatory.  Honestly, they’re not that complicated—they just have a few necessary elements that many practitioners miss, and because they’re signed by the judge, we worry.  A lot.  Perhaps this will shed some light…

What is it?

Black’s Law Dictionary

You’ve served the complaint on all of your defendants, they’ve entered their appearances, and everybody is girded up for battle.  Discovery commences.  In one of your depositions, you learn that one of the defendants was somehow selling a knock-off of your client’s product through a distributor in Manitoba, and you are convinced that somewhere in

You can’t just serve a subpoena in France.

You can’t just serve a subpoena in China.

You can’t just serve a subpoena in Germany or Japan or India or Mexico or Switzerland or England or Austria…

Get the point?

Ye cain’t do it, Boudreaux.  You can’t just “serve” a subpoena in a foreign country