New Japanese procedure code expands discovery; the code eases the requesting of, and increases the obligation to produce, needed documents
Article Abstract:
The revised Japanese Code of Civil Procedure became effective on Jan 1, 1998, and is the first such revision in 70 years. Topics covered by the recent amendments include trial preparation, limitation on appeals to the Supreme Court, venues for patent litigation, small claims procedures, and the protection of trade secrets. The new code's potential for streamlining trial proceedings and facilitating litigants' obtaining needed evidence make it of interest to companies involved in, or contemplating litigation with Japan.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Litigants abroad use U.S law to seek discovery; but parties moving to compel evidence for use in foreign suits face divergent circuit courts
Article Abstract:
US Circuit Courts have taken a variety of positions regarding Sec 1782 of Title 28 of the US Code, which governs petitions for evidence to be used in a foreign court. The 2d US Circuit Court of Appeals will not consider whether the petitioner has first sought the evidence through the foreign court, and it does not find in the statute a requirement that the evidence be discoverable under the foreign court's rules. Other areas of uncertainty in interpretation of Sec 1782 are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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