There are various methods for taking evidence abroad during litigation. This work focuses on two of them: 1. obtaining legal documents from a foreign national adversarial party during the main proceedings (cross-border disclosure), and 2. obtaining documents with the help of an auxiliary court, with the aim of introducing them as evidence during foreign civil proceedings (evidence shopping). It has a particular focus on the situation where a party wants to inspect information that their opponent has confidentially shared with a foreign (in-house) lawyer.
In such instances, various questions arise. May the court grant the disclosure order based on the procedural law of its state? If so, how should the court determine the applicable law regarding possible legal privilege? Will this be the rules of its own state, or should the court apply a foreign states rules on legal privilege instead? And does it make a difference whether the applicant requests disclosure during the main proceedings, or considering civil proceedings that will take place abroad?
This book discusses these questions regarding the U.S. federal, English, French, German and Dutch legal systems.
