U.S. evidence for foreign cases · Get My Discovery — a d/b/a of the Law Office of Derek J. Soltis
§Get My DiscoveryU.S. Evidence · 28 U.S.C. § 1782
§ 1782 · Documents vs. Testimony

Documents, testimony, or both?

Section 1782 can compel documents, a sworn deposition, or both. Choosing well shapes the cost, the speed, and the strength of what you take back to your foreign case.

Both forms of discovery are available under § 1782. Which one — or both — fits depends on what you need to prove and how cooperative the target is.

When documents are enough

Documentary discovery is the workhorse of § 1782, especially in financial and asset-tracing matters. If the proof you need lives in records — bank statements, wire-transfer data, contracts, communications, account-opening files — a document request is usually faster, cheaper, and less contentious than a deposition. It's also easier to frame narrowly, which helps under the Intel burden factor.

When you need testimony

A deposition — sworn, recorded answers from a U.S.-based witness — is the right tool when the key facts live in someone's knowledge rather than on paper: who knew what and when, how a transaction really worked, the meaning of ambiguous records, or authentication of documents. It can also lock in testimony for use abroad.

Often, both

A common sequence is to obtain documents first, then take a focused deposition on what they reveal. The documents narrow and sharpen the questions, making the deposition shorter and more effective — and harder to resist as overbroad.

Practical trade-offs. Documents: lower cost, faster, easier to keep narrow. Depositions: more expensive (court reporter, transcript, attorney time) and more likely to draw a motion to quash, but irreplaceable when you need a witness's account. Tailor the request to the foreign tribunal's actual needs.

What the foreign tribunal will accept

Whatever you seek, it has to be usable in your foreign proceeding. A declaration from your foreign counsel confirming that the documents or testimony can be submitted — and in what form — strengthens both the application and the evidence's eventual value.

Not sure what to ask for?

Tell us what you're trying to prove and we'll help you decide between documents, a deposition, or both — and draft the request to hold up.

Request a consultation Evidence from U.S. banks & tech

Related: How to file, step by step · The four Intel factors · Timeline & costs

This article provides general information about 28 U.S.C. § 1782; it is not legal advice and does not create an attorney-client relationship. What can be obtained is fact-specific and varies by district and applicable privacy law. Prior results do not guarantee a similar outcome. For advice, request a consultation.