In Re Letter of Request from Crown Prosecution Service of United Kingdom

In: American journal of international law: AJIL, Band 83, Heft 4, S. 929-933

Abstract

Appellant, Thomas J. Ward, appealed a district court decision appointing commissioners to obtain evidence sought by the Crown Prosecution Service of the United Kingdom (Crown Service). The district court had appointed the commissioners pursuant to 28 U.S.C. §1782 (1982), to depose in the United States certain third-party witnesses with knowledge relevant to a criminal investigation in the United Kingdom. On review, the Court of Appeals for the District of Columbia Circuit (per Ginsburg, J.) affirmed the district court's decision and held: that 28 U.S.C. §1782 authorized the appointment of the commissioners, even though there was no pending criminal proceeding in the United Kingdom when the depositions were requested and the procedure for the depositions might vary from that normally applicable in the United States. The court remanded the case, however, for a further determination to ensure that the depositions would comply with procedural rules applicable in the United Kingdom.