Who Can Apply for § 1782 Discovery? The "Interested Person" Rule

One of the first questions in any § 1782 matter is simply: are you the right person to ask? The statute answers it generously. You don't have to be the foreign court, and you don't have to wait for it to act on your behalf.

The statutory text

Section 1782 says a district court may order discovery "upon the application of any interested person" (or upon a request from the foreign or international tribunal itself). So there are two routes: the tribunal can ask, or an interested person can apply directly. In practice, the overwhelming majority of applications come from interested persons — the parties themselves.

How courts read "interested person"

The Supreme Court in Intel Corp. v. Advanced Micro Devices, Inc. (2004) read "interested person" broadly. It plainly includes the litigants in the foreign proceeding. But the term reaches further — to anyone with significant participation rights in the foreign matter, or a reasonable interest in obtaining the court's assistance. You don't have to be a formal named party in every instance; what matters is a genuine stake in, and participation right relating to, the foreign proceeding.

In practice: if you are a claimant, respondent, or otherwise a party to the foreign case, you almost certainly qualify as an interested person. Beyond the parties, the analysis becomes fact-specific.

Examples of who typically qualifies

A party (claimant or defendant) to a foreign court case;
A judgment creditor pursuing enforcement of a foreign judgment;
A party to a reasonably contemplated foreign proceeding — you can apply before filing abroad, if the case is more than a vague possibility;
Certain others with participation rights in a foreign proceeding, depending on the facts and the jurisdiction.

The other half: where you file and against whom

Being an interested person is necessary but not sufficient. Two more pieces have to line up:

A qualifying foreign proceeding. After ZF Automotive (2022), that generally means a foreign court or government/regulatory proceeding — not a private commercial arbitration. (See § 1782 and arbitration.)
A target "found" in a U.S. district. You file in the federal district where the person or company holding the evidence resides or is found, and the request must be "for use" in your foreign proceeding.

Put together, the eligibility question is: Are you an interested person, is your foreign proceeding a qualifying tribunal, and is the evidence held by someone found in a U.S. district? If all three are yes, you're eligible — and then the discretionary Intel factors decide whether the court grants relief.

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This article provides general information about 28 U.S.C. § 1782 and does not constitute legal advice or create an attorney-client relationship. Whether a particular person qualifies as an "interested person" is fact-specific and varies by federal district. Prior results do not guarantee a similar outcome. For advice, request a consultation.