U.S. evidence for foreign cases · Get My Discovery — a d/b/a of the Law Office of Derek J. Soltis
§ 1782 · Germany

U.S. evidence for your German litigation

German civil procedure has no broad pre-trial discovery — and little ability to compel a U.S. third party to produce documents. When your case before a German court turns on evidence held in the United States, 28 U.S.C. § 1782 is often the way to reach it.

In German proceedings, each side largely brings its own evidence, and there is no American-style document discovery against opponents — let alone against a bank or company sitting in the United States. Section 1782 lets a party in German court proceedings ask a U.S. federal court to compel that evidence for use back home.

Why German litigants use § 1782

Common German scenarios

Commercial disputes before the Landgericht or Oberlandesgericht needing documents from a U.S. company; fraud and asset tracing where money was routed through New York correspondent banks; product-liability, IP, or competition matters needing evidence held by U.S. firms; and enforcement of a German judgment against assets in the United States.

Does it qualify? After ZF Automotive (2022), § 1782 covers foreign court and government/regulatory proceedings — litigation before the German ordinary courts squarely qualifies. It generally does not cover private commercial arbitration (e.g., DIS), though a related court action may. See the arbitration note.

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 German lawyers keep the matter; we handle the U.S. side. For firms, see For Foreign Counsel.

Have a German 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 guide

Related: The Complete Guide to § 1782 · How an application is filed · § 1782 vs. the Hague Evidence Convention

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).