Recovering Fees and Expenses For U.S. Discovery Compliance in Foreign Litigation - Improbable Even When Possible

"Rule 45(d)(2)(B) does allow for nonparties to shift costs for discovery compliance in certain circumstances....But, in the broader context of Rule 45, courts routinely deny or limit requests for fees and costs to those arising from court-compelled production."Under 28 U.S.C.Section 1782, parties engaged in (or expected to engage in) foreign litigation are empowered to seek discovery in the United States for use in the foreign litigation.

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