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Obtaining Evidence in France for U.S. Litigation: Your French Partner Under the Hague Evidence Convention

letutour - 21 October 2026

Your client is involved in litigation in the United States, and key witnesses, documents, or corporate records are located in France. Obtaining that evidence in France raises specific challenges: French procedural rules differ significantly from U.S. discovery practice, and French law imposes criminal penalties on evidence gathering that bypasses the proper channels. Our firm assists U.S. law firms in obtaining evidence in France efficiently and lawfully under the Hague Convention of March 18, 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.

Why You Need Local Counsel to Obtain Evidence in France

The French Blocking Statute

Law No. 68-678 of July 26, 1968 prohibits the disclosure of certain economic, commercial, industrial, financial, or technical information for use in foreign proceedings outside of international treaties. In 2007, the French Supreme Court (Cour de cassation) upheld the criminal conviction of a French lawyer who had gathered information for a U.S. proceeding without using the Convention. Although U.S. courts do not treat the Convention as mandatory (Société Nationale Industrielle Aérospatiale, 1987), following its procedures protects your client and the French parties involved.

France’s restrictive approach to pre-trial discovery

Under its Article 23 declaration, France only executes requests for documents that are specifically listed and have a direct and precise connection with the subject matter of the dispute. Broad, U.S.-style document requests are likely to be rejected.

How We Can Help

  • Drafting and reviewing letters of request: we help you tailor your requests to French requirements so that they are accepted.
  • Translation and filing: we prepare the French version required by the French Central Authority (Ministry of Justice) and follow up on the request.
  • Execution before the French court: we attend hearings and witness examinations, and help arrange for U.S. counsel to attend where permitted.
  • Commissioner procedures: we assist with requests for authorization to take evidence through a commissioner, a more flexible option for voluntary witnesses.
  • Blocking Statute compliance: we advise French companies and witnesses on their obligations, including the mandatory referral to the SISSE (a department of the French Ministry of the Economy) introduced in 2022.

Let’s Discuss Your Case

Every cross-border evidence request is unique. Contact us early in your case: careful planning prevents delays and makes sure the evidence you obtain in France is admissible in your U.S. proceedings. We work in English and are available to coordinate with your team on international judicial cooperation matters.