Subpoenaed but can't enter US?

[Tom_Tildrum]

@Northern_Piper

Each province has passed legislation giving the provincial superior trial court the authority to require a person to submit to examination upon a properly framed request from a foreign court.

For example, see s. 60 of the Ontario Evidence Act:

Law Document English View | Ontario.ca

Note that this only applies to civil matters, not criminal.

Note that that provision appears to limit the examination to the scope permitted by Canadian discovery rules (which makes sense; there’s no reason why a domestic court would afford broader rules to foreign litigants). If I’m not mistaken, the scope of what is discoverable is much narrower, and it is more difficult to take the deposition of a non-party witness. So a witness in Canada from whom American litigants are seeking discovery may have arguments for reducing the breadth of any requests presented to the Canadian court.

[Northern_Piper]

I don’t think so. Ontario court rules authorise the Ontario courts to issue a “letter of request” to a foreign court for the examination of any witness. It’s not limited to pre-trial discovery (where our rules are certainly more narrow than US rules). The reference to “letter of request” in s 60 picks up that broad concept of a letter of request and says that Ontario courts will reciprocate.

http://ontariocourtforms.on.ca/static/media/uploads/courtforms/civil/34d/RCP_E_34D_1105.doc

[Northern_Piper]

@Really_Not_All_That_Bright

You issue a subpoena to the out-of-state person/entity, then apply in the courts of the foreign state for an order basically giving the subpoena effect in its jurisdiction. It’s a pain in the arse.

Ah. We do have that, but I think it’s only for civil subpoenas issued by another Canadian court. I don’t think a foreign subpoena can be treated the same way.