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Lars Bauer

Skillful Ways of Gathering and Using Discovery Abroad | International Asset Recovery Law Blog, Dec 9, 2009 - 0 views

  • For instance, in the Netherlands, Dutch courts have held that evidence obtained under Section 1782 may be used in proceedings there.  Under Dutch civil procedure, a party may request production of documents. Courts have decided that only documents relevant to the outcome of the proceedings will be produced and to grant such request, the  applicant's claim must be well-reasoned and at least not be obviously without merit. If it is not certain that the documents exist, Dutch courts will not order their production. There is also a conflict among court decisions as to whether only documents where the applicant is a party to the legal relationship can be produced. Hence, Dutch discovery can be very limiting.
  • Dutch courts have ruled that evidence obtained pursuant to Section 1782 is admissible in the Dutch proceeding since it was not unlawfully obtained.
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