Certain Issues of Discovery and Production of Evidence from Foreign Jurisdictions

In the article, the author examines some problems of the implementation of the procedural right to claim evidence outside the Russian jurisdiction. The author discusses the criteria by which the court, using its powers, can come to a reasonable conclusion about the need to claim evidence outside Russia. The author discusses the models of suing, which are the most common in world practices — notice pleading and fact pleading. Such a construction from the common law system as the Norwich Pharmacal Order (NPO) is given as an example for analysis. The author also discusses ways to obtain evidence from foreign jurisdictions — the use of legal assistance mechanisms provided for by international agreements or the demand for evidence from a foreign participant directly, that is, without an official request to the court of the state where the relevant evidence or information is located. The aspects of using these approaches and the problems arising from these approaches are studied. For example, the problem of verifying the evidence obtained, the problem of abuse, etc.