A reworking of the basic terms of the Hague Evidence Convention is proposed. Under current law, US courts typically do not employ the Convention's evidence-taking mechanisms when ordering discovery from either a litigant or a witness subject to the court's subpoena power.
Gary B. Born,
The Hague Evidence Convention Revisited: Reflections on Its Role in U.S. Civil Procedure,
57 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol57/iss3/7