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J
91. THU
9:28
PL 04'91 08:35
MIKE
BOASE & COHEN B52-5295035
L. 03. 91
12:47 PM
KINGSTON
P
168 P10
P10
Entitied to Notica
of the Depositions and an
1. Озода Ная
Opportunity to attend.
A. Under 1782 Osman Hould Have Received Notice
I
C
The statute which authorizes federal courts to act upon
foreign requests for assistance in obtaining documentary and
tastimonial avidence is 28 U.S.C. § 1782, which provides in parti
§
The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in
in a
proceeding in a foreign or international tribunal. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person and may direct that the testimony or statement be given, or the document or other thing be produced, before a person appointed by the court. The order may prescribe the practice and procedure, which may be in whole or part the practice and procedure of the foreign country or the international tribunal, for taking the testimony or statement or producing the document or other thing. To the extent that the order does not prescribe otherwise, the tatimony or statement shall be taken and the document or other thing produced, in accordance with the Federal Rules of Civil Procedure.
1782 (a) (emphasis added). Thus the starting point for any inquiry into the procedures employed in carrying out a Letter of Request is the Federal Rules of Civil Procedura.
B. Under the Civil Rules, Osman Would Haya Been Entitled t Notica
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