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Section 1782 of Title 28 of the United States Code is a federal statute that allows a litigant (party) to a legal proceeding ''outside'' the United States to apply to an American court to obtain evidence for use in the non-US proceeding. The full name of Section 1782 is "Assistance to foreign and international tribunals and to litigants before such tribunals." The text of Section 1782(a) reads as follows: The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal, including criminal investigations conducted before formal accusation. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person . . . . The order may prescribe the practice and procedure, which may be in whole or part the practice and procedure of the foreign country or the international tribunal, for taking the testimony or statement or producing the document or other thing. To the extent that the order does not prescribe otherwise, the testimony or statement shall be taken, and the document or other thing produced, in accordance with the Federal Rules of Civil Procedure. In essence, an applicant under Section 1782 merely needs to show three things: :(a) it is an "interested person" in a foreign proceeding, :(b) the proceeding is before a foreign "tribunal," and :(c) the person from whom evidence is sought is in the district of the court before which the application has been filed.〔((http://www.law.unc.edu/journals/ncilj/issues/volume40/issue-3-spring-2015/the-hague-convention-a-medium-for-international-discovery/))〕 The type of evidence that may be obtained under Section 1782 includes both documentary evidence and testimonial evidence. ==The ''Intel'' decision== For many years, district courts and appellate courts disagreed as to :(a) the scope of permitted discovery (evidence-taking) under Section 1782, :(b) who may request section 1782 discovery, :(c) at what stage of a non-US proceeding a section 1782 order may be granted, :(d) the meaning of the statute's term "tribunal," and :(d) whether an applicant under section 1782 needs to show that the requested evidence would be "discoverable" in the foreign jurisdiction. The case law concerning Section 1782 was largely clarified in 2004, when the Supreme Court of the United States issued its decision in ''Intel Corp. v. Advanced Micro Devices, Inc.''〔http://scholar.google.com/scholar_case?case=15516143881871359176&q=Intel+Corp.+v.+Advanced+Micro+Devices,+Inc.,+542+U.S.+241&hl=en&as_sdt=2006&as_vis=1 Retrieved 15 January 2015〕 ''Intel'' held that :(a) section 1782 discovery may be sought by any "interested person," :(b) such discovery may sometimes be sought even prior to the initiation of formal proceedings outside the United States, and :(c) a "tribunal" within the meaning of the section is any tribunal that acts as a "first instance decisionmaker." The Court also largely did away with any requirement of "discoverability" before the non-US tribunal. In essence, ''Intel'' held that section 1782 discovery is available to a non-US litigant almost as freely as discovery is available in connection with a lawsuit that is pending entirely before a court in the United States. Section 1782 has received great attention in recent years, following ''Intel''. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Section 1782 Discovery」の詳細全文を読む スポンサード リンク
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