Section 13-21.Discovery outside of the United States of America
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceSection 13-21 lets a Connecticut judicial authority permit discovery abroad that a treaty or convention makes inadequate or inequitable, weighing fifteen listed factors like foreign law, burden, and cost before allowing additional methods.
(a)If an applicable treaty or convention renders discovery inadequate or inequitable but does not prohibit additional discovery, the judicial authority may order, upon application of any party, discovery on such terms and conditions as the judicial authority deems just and equitable after considering the following:
(1)other methods of discovery specified or allowed in any applicable international treaty or convention, including any reservations;
(2)whether all applicable international treaties and conventions prohibit one or more specified methods of discovery;
(3)whether the method of discovery violates the criminal law of the foreign nation involved;
(4)whether the foreign nation’s procedure will allow the parties to directly apply to the foreign nation’s courts for judicial assistance in obtaining discovery;
(5)the importance of the requested documents or other information to the litigation;
(6)the degree of specificity of the request;
(7)whether the information originated within the United States;
(8)the availability of alternate means of obtaining the information;
(9)the extent noncompliance with the request would undermine important interests of the United States;
(10)the extent compliance with the request would undermine important interests of the foreign nation involved;
(11)whether the discovery sought, or the method sought to be employed, is unreasonably intrusive or burdensome under the circumstances;
(12)whether the request can be modified to make it reasonable under the circumstances;
(13)whether the foreign party is wholly or partially owned by a foreign nation or the instrumentality of a foreign nation;
(14)the cost of compliance;
(15)whether the foreign country requires that discovery be obtained through a judicial officer.
(b)As used in this section, discovery includes the taking of testimony by deposition upon oral examination.
Amendment History
(P.B. 1978-1997, Sec. 236B.)
Plain-English Summary
Section 13-21 addresses discovery that reaches outside the United States. When an applicable treaty or convention makes the available discovery inadequate or inequitable — but does not flatly prohibit more — the judicial authority may order additional discovery on terms it considers just and equitable. Before doing so, the court weighs a list of factors: what methods the treaty allows, whether the treaty bars particular methods outright, whether the discovery would violate the foreign nation’s criminal law, whether the foreign court system offers its own path to judicial assistance, how important the requested material is to the case, how specific the request is, whether the information originated in the United States, what alternatives exist, the competing interests of the United States and the foreign nation, whether the request is unreasonably intrusive or burdensome, whether it can be narrowed, foreign ownership of the party, the cost of compliance, and whether the foreign country requires discovery to go through a judicial officer.
The section also clarifies that, for these purposes, discovery includes taking testimony by deposition on oral examination, so the same balancing test applies when a party wants to depose a witness located abroad.
Frequently Asked Questions
When does Connecticut Practice Book Section 13-21 apply?
It applies when an applicable international treaty or convention makes the discovery it allows inadequate or inequitable for the case, but the treaty does not prohibit additional discovery outright.
What factors does the court consider before ordering international discovery?
The court weighs fifteen listed factors, including the treaty’s own methods and reservations, foreign criminal law, the importance and specificity of the request, the cost and burden of compliance, and the competing interests of the United States and the foreign nation involved.
Does Section 13-21 cover depositions taken outside the United States?
Yes. The rule states that discovery under this section includes taking testimony by deposition on oral examination.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 13-21). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as:international discovery Connecticutdiscovery outside the United States CTtreaty discovery rule Connecticutforeign nation discovery CTdepositions abroad Connecticut