Limited Discovery Issues
•Documents: Under Hague Convention, a Letter of Request must be issued by Court where action is pending and transmitted to Central Authority where discovery is sought
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•Depositions: Obtained via a Letter of Request, request to take testimony before a diplomatic or consular officer, or a specially appointed Commissioner in foreign country
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•Most signatories have rejected the “no stone unturned” approach in pre-trial discovery typical in U.S. litigation.
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•Signatories are allowed to opt out or limit their willingness to accept the various provisions under the Convention