Cross-international border divorce cases increasingly turn on evidence that sits in the United States. When that evidence is in Pennsylvania, a federal statute, 28 U.S.C. § 1782, can help. I recently handled a matter that shows both what the statute can do and where its limits lie, so I want to share what we did.
The Problem
Our client was a litigant in a financial remedy (divorce) proceeding before an English family court in London. She believed her spouse's income disclosure was incomplete. The English court made a third-party disclosure order covering her spouse's invoices, payments, contracts, employment and service arrangements, shareholdings, investments, options, and related letters held by U.S. companies.
She retained Scaringi Law before her financial hearing in England. Our engagement was deliberately limited: implement the English order in Pennsylvania.
What We Did
Section 1782 lets a federal district court order a person or entity that resides or is found in its district to produce documents for use in a foreign proceeding. We drafted an ex parte application for the federal district court in Pennsylvania, with a memorandum of law, a proposed order, exhibits, and proposed Rule 45 subpoenas. The client's witness statement supported it.
We filed in the United States Court for the Middle District of Pennsylvania because the husband’s employer is based in Harrisburg, PA. The Court granted the application.
The order authorized Rule 45 document subpoenas limited to the categories in the English order. It required notice to the adverse party before service, and it expressly preserved the recipients' rights to object, move to quash, or seek protection.
We sent the Rule 45(a)(4) notice, with copies of the subpoenas, to the other spouse's English solicitor. We hand-served both subpoenas the same day, and the proofs of service were filed with the court clerk. The subpoenaed parties in Harrisburg, PA now have by a date certain to produce the documents our client needs for her divorce proceeding in London, England.
If you are involved in a foreign proceeding and need evidence located in Pennsylvania, or you are a practitioner abroad looking for U.S. counsel to carry out a request, contact Scaringi Law. The earlier we talk, the more options you will have.
Disclaimer: This post is for general informational purposes only and is not legal advice. It describes an anonymized matter, and the outcome of any case depends on its own facts. Reading this post does not create an attorney-client relationship.