International Law

New State Court Law to Obtain Foreign Testimony

By Rick Rein

Under federal law, 28 U.S.C. 1746allows for the use of unsworn foreign declarations. State courts, however, have generally refused to apply federal law and do not have their own uniform applications.

The new Uniform Unsworn Foreign Declarations Act will allow for unsworn declarations by witnesses located abroad to be used in state court proceedings. The Act will require the declarant to be physically located outside the United States at the time the statement is made. Jurisdiction over that declarant is irrelevant for these purposes. The declaration will need to be made under penalty of perjury, signed and dated. The Act permits the unsworn declaration to be used in civil, criminal and regulatory proceedings in lieu of affidavits and verifications. However, the unsworn declaration cannot be used in depositions.

Obtaining an affidavit from witnesses located abroad can be both time consuming and costly because of the need to utilize treaties, such as the Hague Convention, or foreign laws. By eliminating the need for a sworn affidavit, the Act will help to increase the ability to obtain evidence for use in U.S. state court proceedings.

Full post as published by International Asset Recovery Law Blog on December 01, 2008 (boomark / email).