Legal Language Translation Services for
Corporate Counsel and Litigation Departments

Private Rules for International Discovery

Legal Language Translation Services for Corporate Counsel

Professional translations of foreign language evidence, as well as translation of foreign-language documents and professional court interpreter services, play an important role in domestic and international litigation.  A common courtroom situation entails a lawsuit in a U.S. court involving foreign parties who face discovery requests for evidence located outside the country. The question raised in such a situation is whether or not a party has a right to make a discovery demand for evidence located in a foreign jurisdiction

According to Germany, the answer is no, as German law forbids foreign attorneys from conducting depositions or doing other evidence-gathering within its borders. Further, a foreign court, in our example the U.S. court, lacks the power to compel the removal of such evidence to the U.S.

Although no formal procedure for dealing with this situation has been adopted, many parties in such a situation have turned towards creating private rules, or agreements. In these private agreements, both parties stipulate to such things as what evidence will be allowed, how it will be taken and what its limits of use are. When creating these private rules, the agreement should contain a foreign language translation and should be filed with the courts of both jurisdictions.

Contact our deposition translation and interpreting company to retain litigation-savvy deposition interpreters for your cross-cultural depositions.

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