Letters Rogatory in United States

Letters Rogatory Definition

An instrument sent in the name and by the authority of a judge or court to another, requesting the latter to cause to be examined, upon interrogatories filed in a cause depending before the former, a witness who is within the jurisdiction of the judge or court to whom such letters are addressed. (1)

More about Rogatory Letters Definition

Letter Of Request in this Legal Encyclopedia
Letter Of Request definition in the Law Dictionary

Letters Rogatory in Consular Law

In some countries service by letters rogatory is the only recognized method of service. Service of process by judicial authorities in the receiving State pursuant to a letter rogatory from a court in the sending State is based on comity. Procedural requirements vary from country to country. See the Bureau of Consular Affairs web page guidance on “Preparation of Letters Rogatory”, and our country-specific flyers for any peculiarities of particular countries, or consult the appropriate geographic division of the U.S. Department of State, Bureau of Consular Affairs, Office of American Citizens Services. Letters rogatory are also used for compulsion of evidence. 28 U.S.C. 1696 and Rule 4(f)(1) F.R.Cv. P. (28 U.S.C. Appendix Rule 4) and Rule 9(c) provide for service of process pursuant to a letter rogatory.

Consular Law: Testimony by Letters of Request

Purpose

a. When a witness is unwilling to testify voluntarily, the usual way to compel the required evidence is by a letter rogatory, also known as letter of request, from a court in one country to a court in another country, requesting judicial assistance. (See 22 CFR 92.54.) Letters rogatory may also be used to serve legal documents (28 U.S.C. 1696).

b. The Department of State’s authority to receive and transmit letters rogatory is from 28 U.S.C. 1781.

c. Letters rogatory typically take from 6 months to a year to execute. Persons who inquire concerning this option should be advised of the protracted time frame involved. Consular officers should nevertheless make monthly inquiries of the host government to trace their progress.

Issuance

a. See the Department of State, Bureau of Consular Affairs Internet page for our “Preparation of Letters Rogatory” feature.

b. Letters rogatory must be issued under the seal of the court and the signature of the judge and addressed, simply: To the appropriate judicial authority of (name of country).

b. Some foreign jurisdictions require that the request be authenticated by the U.S. Department of State Authentications Office and by the consul of the foreign country in the United States or authenticated in accordance with the Hague Legalization Convention (see more information in this legal Encyclopedia). Requests under the Hague Evidence Convention need no authentication; submit them directly to the foreign central authority.

c. For matters pending before an administrative law judge, it is advisable to obtain a letter rogatory from a U.S. District Court under the All Writs Act, 28 U.S.C. 1651, as many countries will not execute a letter rogatory issued by an administrative law judge.

Submission to Department of State

a. Letters rogatory and accompanying documents must be translated into the language of the foreign country and submitted in duplicate (an original and one copy of both the English language version and the translation) directly to the U.S. Department of State or to the U.S. Embassy. The Department also requires submission of a certified check or international money order for the current fee for letters rogatory (see 22 CFR 22.1), made payable to the American Embassy, with the documents as a deposit for costs incurred in executing the request.

b. The international judicial assistance entry provides information regarding requests from foreign tribunals for assistance from the United States.

Review of Letters Rogatory by the Department of State and Submission to Foreign Ministry

The U.S. Department of State will review the letters rogatory for technical completeness (number of copies, translations, seals). For legal questions, the Department may consult with the Office of the Legal Adviser and the Department of Justice (DOJ) as appropriate.

In relation to the submission to Foreign Ministry, when the documents have been reviewed by the Department for compliance with these provisions and host country requirements, they are sent to the consular officer. The officer’s role in the execution of the letter rogatory is not limited to transmitting the documents to the Foreign Ministry. The officer must also report to the Department:

(1) The date the documents were received at the post;

(2) The date they were transmitted to the Foreign Ministry; and

(3) The dates they were received by the Ministry of Justice and the court that is to execute the request.

Return of Executed Letter Rogatory to the Department

When a letter rogatory has been completed, return it to the Department in an envelope sealed with a rubber seal and bearing the mailing address of the clerk of the court in the United States from which the request came, as well as the name and docket number of the case. Before placing the executed request in the envelope, the consular officer should endorse on it a certificate stating the date and place of its receipt.

Resources

Notes

This definition of Letters Rogatory is based on The Cyclopedic Law Dictionary. This entry needs to be proofread

Letters Rogatory