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Evidence

University of Michigan Law School

Michigan Journal of International Law

Discovery

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Time For Final Action On 18 U.S.C. § 3292, Abraham Abramovsky, Jonathan I. Edelstein Jan 2000

Time For Final Action On 18 U.S.C. § 3292, Abraham Abramovsky, Jonathan I. Edelstein

Michigan Journal of International Law

18 U.S.C. § 3292 was enacted in order to meet a compelling prosecutorial need-the increasing necessity of obtaining evidence from abroad via procedures which are frequently time-consuming. However, the statute contains numerous ambiguities, as well as built-in disadvantages both to prosecutors and defendants, which diminish its value as a prosecutorial evidence-gathering device while increasing the possibility that defendants' rights and expectations will be violated. However, it is possible to interpret the statute in a manner which is consistent with its terms and purpose and which concomitantly preserves the rights of the Government and of grand jury targets.


The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns Jan 1985

The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns

Michigan Journal of International Law

This note asserts that the Hague Convention is not the exclusive vehicle available to U.S. litigants for taking evidence abroad. It argues that in certain circumstances, U.S. courts should allow litigants to use the more liberal methods of the Federal Rules when seeking evidence from party litigants in other signatory nations.