Canadian courts have their own discovery rules, but reaching a third party located in the United States is still difficult from a Canadian forum. Section 1782 lets a party in Canadian proceedings ask a U.S. federal court to compel documents or testimony for use back home.
Why Canadian litigants use § 1782
- Reach U.S.-based third parties. Canadian procedure gives you limited tools against non-parties in the U.S.; § 1782 targets the person or company actually holding the evidence there.
- Follow the money. Where funds moved through U.S. banks, the records that prove it sit with U.S. institutions — central to fraud and asset-recovery claims.
- Get sworn testimony. A deposition of a U.S.-based witness, usable in your Canadian proceeding.
Common Canadian scenarios
Commercial disputes before a provincial superior court (such as the Ontario Superior Court of Justice) needing documents from a U.S. company; fraud and asset tracing where money was routed through U.S. banks; IP, competition, and technology matters needing evidence held by U.S. firms; and enforcement of a Canadian judgment against assets in the United States.
How it works
We act as your U.S. counsel: we confirm fit, identify the right U.S. federal district (where the evidence-holder is found), prepare and file the application — usually ex parte — and see it through to production. You and your Canadian lawyers keep the matter; we handle the U.S. side. For firms, see For Foreign Counsel.
Have a Canadian case that needs U.S. evidence?
Tell us about the proceeding and what you're trying to obtain. We'll give you a candid read on whether § 1782 fits.
Request a consultation Read the full guideRelated: The Complete Guide to § 1782 · How an application is filed · § 1782 vs. letters rogatory
This page is attorney advertising and provides general information about 28 U.S.C. § 1782; it is not legal advice and does not create an attorney-client relationship. Availability is fact-specific and varies by U.S. federal district. Prior results do not guarantee a similar outcome. Get My Discovery is a d/b/a of the Law Office of Derek J. Soltis, admitted in New York (Reg. #5175971).