CASES OF INTEREST click here to go back to the Cases of Interest         PROCEDURAL ISSUES/ FOREIGN LITIGANT: DISCOVERY ISSUES   Issue: Compliance with discovery procedures outlined in Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (Convention), 28 U.S.C.A. §1781     Issue: Compliance with discovery procedures outlined in Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (Convention), 28 U.S.C.A. §1781 HELEN HUSA ET AL v. LABORATOIRES SERVIER SA, 326 N.J. Super. 150. 326 N.J. Super. 150.Apellate Division 19 ) Q: Should US plaintiffs utilize the Convention procedures to take the depositions of defendant employees living in overseas? A. Yes, unless it is demonstrated that its use will substantially impair the search for truth or will cause unduly prejudicial delay : 1. The US is a signatory to the Convention, which is designed to foster mutual judicial cooperation in civil or commercial matters. 2. Since the Senate ratified the Convention in 1972, international trade and transactions have increased substantially, and litigation in New Jersey involving foreign parties is common. New Jersey courts should utilize international agreements which facilitate the conduct of cross border litigation in the absence of demonstrable prejudice to legitimate interests. Implementation of the Convention will demonstrate our cosmopolitan approach to litigation arising out of the global economy and our sensitivity to the concerns of our trading partners. 3. The Supreme Court in Societe Nationale Industrielle Aerospatiale v. United States District Court, 482 U.S. 522, 107 S. Ct. 2542, 96 L. Ed.2d 461 (1987) (Aerospatiale) noted that the United States took "the initiative in proposing that an evidence convention be adopted." 482 U.S. at 530, 107 S. Ct. at 2548, 96 L. Ed. 2d at 475. The Convention was supported by the American Bar Association, the Judicial Conference of the United States and the National Conference of Commissions on Uniform State Laws. 482 U.S. at 531, 107 S. Ct. at 2549, 96 L. Ed. 2d at 476. 4. In the event utilization of the Convention proves to be inadequate, the trial court can revisit the discovery issues.