Haiti v Plesch et Al

CourtUnited States State Supreme Court (New York)
Date23 March 1949
Docket NumberCase No. 38
United States, Supreme Court (Special Term) of New York County.
Case No. 38
Republic of Haiti
and
Plesch.

Jurisdiction — Immunity from — Action Brought by Foreign State — Immunity from Examination.

The Facts.—The Republic of Haiti brought an action against several individuals and banks for a declaratory judgment to determine the ownership of certain securities. The issue in this case is stated in the Held below.

Held: “This is a motion to examine plaintiff Republic of Haiti before trial in an action instituted by said sovereign for a declaratory judgment to adjudge it to be the owner of certain securities. The right to examine such sovereign is denied by the plaintiff. The Republic of Haiti commenced this action as an ordinary party plaintiff and chose as its forum the State of New York. Having thus submitted to the jurisdiction of this court for the purpose of this litigation, it became bound by the rules of procedure applicable thereto. As a litigant it can neither expect favor nor invoke its sovereignty as immunity to certain procedure established for the purpose of conducting litigation and to secure the administration of justice. It has been held that the United States Government is subject to discovery and inspection and not immune from interrogatories and must make the same sort of disclosure as an individual plaintiff...

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