Practice Tip: Is It Necessary to Sue a Foreign Auto Manufacturer?

If you sue only the product importer, the importer may avoid discovery of the design of the product. Often the importer argues that it was not the entity that designed and manufactured the vehicle in question, and, therefore, it should not be responsible for producing any such discovery. If the plaintiff's attorney has not sued the product manufacturer, he/she may be relegated to obtain discovery from the manufacturer as a non-party witness, in the same way as one does in the United States; however, this may be an impossible undertaking. To begin with, many foreign countries prohibit pretrial discovery. It is usually not done overseas. Other nations will permit some documentary discovery but not allow depositions. Even where depositions are permitted, they may be restricted or cross-examination, which is a common-law practice, may be prohibited. All of these problems can be avoided if the manufacturer is made a defendant. As a practical matter, making the manufacturer a party may spell the difference between winning and losing. Therefore, the question is not whether to sue, but how to serve the foreign manufacturer.