Cross-border litigants are familiar with the Hague Evidence Convention, but often overlook another potent method to collect evidence in foreign countries. The Walsh Act, 28 U.S.C. § 1783, gives courts the discretion to subpoena a U.S. national who is in a foreign country. The Act gives courts the power to order the production of testimony or documents, or even compel the U.S. national to return to the United States. To trigger these powers, an applicant for the Walsh Act subpoena must show that production of the evidence is “necessary to the interests of justice” and “cannot be obtained by other means.” This powerful tool streamlines what is otherwise a lengthy discovery process under the Hague Evidence Convention.
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