section 1782 practice

Taking Evidence in the United States for Use Abroad

Ted Folkman is widely recognized for his work in international judicial assistance and taking evidence under Section 1782, the US statute on international judicial assistance. He is first and foremost a litigator, and he brings a litigator’s mindset to the work of taking evidence for use abroad.

In addition to work for his clients, Ted serves as chair of the International Law Section of the Boston Bar Association, was elected to membership in the prestigious American Law Institute, and was a non-governmental delegate to the Special Commission of The Hague Conference on Private International Law on the operation of the Evidence Convention. He is the author of a chapter in the American Bar Association’s new treatise on international litigation in the US courts, the author of an award-winning book on International Judicial Assistance, now in its second edition, and other books, chapters, and articles in the field.

What we do

We help lawyers and litigants take evidence in the United States under Section 1782 for use in cases in other countries. Through collaboration with local counsel, we can help obtain testimony, documents, electronically stored information and more throughout the United States. We can also help oppose efforts to take evidence in the United States, either before or after a subpoena has issued.

Our experience in this fields includes wins against the largest American law firms in major multi-jurisdictional cases, as well as smaller cases of all kinds. We tailor our strategy to the needs of the case.

How we work

Most often, foreign lawyers from the largest firms to the smallest ask us to handle the taking of evidence in the United States on behalf of their clients. Sometimes, litigants in foreign cases retain us directly. We work directly with counsel in the foreign case and, when necessary, with colleagues throughout the United States to accomplish the work.

We work closely with our foreign partners to develop realistic plans to accomplish what the client wants to accomplish in the available time for a price that is reasonable in light of the overall cost of the litigation.

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