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

U.S. evidence for your Indian litigation

Indian litigation can be document-light and slow, and an Indian court has little reach over a bank or company in the United States. When your case turns on evidence held in the U.S., 28 U.S.C. § 1782 is often the fastest way to obtain it.

For parties before the Indian courts, getting documents or testimony from a third party located in the United States is difficult through the Indian forum alone. Section 1782 lets a party in Indian proceedings ask a U.S. federal court to compel that evidence for use back home.

Why Indian litigants use § 1782

Common Indian scenarios

Commercial disputes before the High Courts or Commercial Courts needing documents from a U.S. company; fraud, diversion-of-funds, and asset tracing where money was routed through New York correspondent banks; technology and IP matters needing evidence held by U.S. platforms; and enforcement of an Indian decree against assets in the United States.

Does it qualify? After ZF Automotive (2022), § 1782 covers foreign court and government/regulatory proceedings — litigation before the Indian courts squarely qualifies. It generally does not cover private commercial arbitration, 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 Indian advocates keep the matter; we handle the U.S. side. For firms, see For Foreign Counsel.

Have an Indian 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. 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).