Document Type

Article

Publication Date

January 2023

Publication Title

Judicature

Abstract

Civil discovery in federal court increasingly involves information from sources located outside of the United States. Parties may or may not be required to pursue cross-border discovery through international agreements like the Hague Evidence Convention. The Federal Rules of Civil Procedure provide surprisingly little guidance on how the Hague process fits within the rules scheme. This article identifies the regulatory gaps and proposes that the rulemakers undertake a project to potentially address some of those gaps.

Volume

107

Issue

2

First Page

19

Last Page

26

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