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Article
Should the FRCP Be Amended to Address Cross-Border Discovery.pdf
Judicature (2023)
  • Steven S. Gensler
  • Hon. Michael M. Baylson
Abstract
Civil discovery in federal court increasingly involves information from sources located outside of the United States. Parties may or may not be required to pursue cross-border discovery through international agreements like the Hague Evidence Convention. The Federal Rules of Civil Procedure provide surprisingly little guidance on how the Hague process fits within the rules scheme. This article identifies the regulatory gaps and proposes that the rulemakers undertake a project to potentially address some of those gaps.
Keywords
  • Federal courts,
  • discovery,
  • cross-border discovery,
  • Hague Evidence Convention
Disciplines
Publication Date
Fall 2023
Citation Information
Steven S. Gensler and Michael M. Baylson. "Should the FRCP Be Amended to Address Cross-Border Discovery.pdf" Judicature Vol. 107 Iss. 2 (2023) p. 19 - 26
Available at: http://works.bepress.com/steven_gensler/92/