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S.D.N.Y.Procedural orderFiled Jan. 31, 2022

Giuffre v. Prince Andrew

Judge
Lewis Kaplan
Docket
1:21-cv-06702
Court
U.S. District Court · Southern District of New York
Pages
45
DiscoveryEvidenceCivil Procedure
In one sentence

In Giuffre v. Prince Andrew, Judge Kaplan requested testimony from Shukri Walker in the United Kingdom for the parties’ ongoing civil case.

Who this affects

Virginia L. Giuffre and Prince Andrew, Duke of York, whose attorneys could question and use the requested testimony; Shukri Walker, whose testimony was requested; and the United Kingdom judicial authority asked to execute the request.

What happened

In Giuffre v. Prince Andrew, Virginia L. Giuffre sued Prince Andrew under New York law for battery and intentional infliction of emotional distress, alleging sexual abuse when she was under 18. Prince Andrew denied the allegations and said he had never met Giuffre and was not at the London club involved in one alleged incident.

The court asked the appropriate judicial authority in the United Kingdom to obtain testimony from Shukri Walker. The requested testimony concerns whether Walker saw Giuffre and Prince Andrew at the London club in March 2001 and what interactions between them she witnessed. The testimony was sought for use at trial, while discovery was still ongoing.

Judge Lewis A. Kaplan stated that the court had not addressed the merits of Giuffre’s allegations and requested international judicial assistance under the Hague Convention. The court also specified procedures for sworn, recorded testimony and stated that Giuffre would pay the related costs.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Giuffre v. Prince Andrew · No. 1:21-cv-06702
Judge
Lewis Kaplan
Date
Jan. 31, 2022

Background

Virginia L. Giuffre brought a civil lawsuit against Prince Andrew, Duke of York, in his personal capacity. The complaint asserts claims under New York law for battery and intentional infliction of emotional distress. Giuffre alleges that Prince Andrew sexually abused her on multiple occasions when she was under 18, including in London in 2001 after they visited the private club known as Tramp. Prince Andrew denied the allegations and asserted that he had never met Giuffre and was not at Tramp on the night in question.

The case was in discovery, meaning the pretrial process for gathering evidence. The court stated that it had not addressed the merits of Giuffre’s allegations. The opinion says discovery was scheduled to end in July 2022 and that the claims were expected to be tried in the second half of 2022.

International Evidence Request

The court issued a Letter of Request under the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. It asked the appropriate judicial authority in the United Kingdom, identified as the Senior Master of the Queen’s Bench Division or another appropriate authority, to obtain testimony from Shukri Walker, who was identified as residing in London.

The requested testimony concerned Walker’s possible observation of Giuffre and Prince Andrew at Tramp in London in March 2001, including any interactions between them that Walker witnessed. The letter states that Walker had publicly said she witnessed Prince Andrew’s presence at Tramp with a young woman who may have been Giuffre. The court described Walker’s testimony as potentially relevant because Giuffre alleges that Prince Andrew abused her in London after their visit to Tramp, while Prince Andrew denies being at the club or having met Giuffre.

The court requested that the testimony be obtained by April 29, 2022, or as soon as practicable afterward. It requested sworn testimony under United States law, questioning by the parties’ attorneys under the Federal Rules of Civil Procedure and Federal Rules of Evidence, verbatim transcription and video recording, and questioning in English. The letter also stated that Giuffre was responsible for processing costs, transcription costs, and examiner expenses.

What the Court Did

Judge Lewis A. Kaplan requested international judicial assistance to obtain the specified testimony. The court did not decide whether Giuffre’s allegations were true, whether Prince Andrew committed battery or intentional infliction of emotional distress, or whether either party would prevail at trial. The court expressed willingness to provide similar assistance to United Kingdom courts if needed in the future.

Disposition and Classification

The court’s action was an international discovery and evidence request, not a merits judgment or a ruling on the parties’ claims. The matter is classified as a procedural order because it concerns obtaining evidence for the pending litigation without deciding the underlying legal dispute.

The authoritative version

Read the full 45-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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