Preview of Member Only Content
For full access: or Become a Member
Obtaining Evidence in the United States for Use by The Defense in a Foreign Criminal Proceeding
By Nancy Hollander and Walker Boyd
This article explains how a criminal defendant in a foreign country may obtain documents or testimony from a person, business, or institution in the United States for use as evidence in a foreign proceeding. Title 28 U.S.C. § 1782 provides a simple and effective method for criminal defendants and those under investigation in foreign countries to request a U.S. federal court to assist the defendant in obtaining evidence from persons subject to the court’s jurisdiction. Under the statute, a U.S. federal court may issue a subpoena requiring a person in the United States to appear and give testimony at a deposition, or may issue a subpoena duces tecum requiring a person or entity within the United States to produce documents. Although a court can deny such a request for numerous reasons — for example, because the evidence sought is protected on the grounds of U.S. national security or is protected by a privilege, the statute can be a valuable aid in any criminal case. This ar
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or firstname.lastname@example.org
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.