letters rogatory

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Letters Rogatory

A formal written request made by one judicial body to another court in a different, independent jurisdiction that a witness who resides in that jurisdiction be examined through the use of interrogatories accompanying the request.

A device used in International Law by which the courts of one country ask the courts of another to utilize their procedure to assist the country making the request in the administration of justice within its borders.

The use of letters rogatory can be traced to early American Legal History when they facilitated cooperation between the courts of the several states of the Union. Their continued use is based primarily upon the comity (courtesy and respect) of courts toward each other. Rule 28 of the Federal Rules of Civil Procedure provides for letters rogatory to be used in federal courts to obtain the testimony of a witness who resides in a foreign country through a number of different discovery devices. The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (28 U.S.C.A. § 1781 [1948]) sets out the procedures to be followed in the use of letters rogatory by the countries who are parties to the treaty.

Letters rogatory can be sent to a court in a sister state or to a court or judge in a foreign country. Granting the request, again, is a matter of comity between courts.


Civil Procedure.

letters rogatory


LETTERS ROGATORY. A letter rogatory is 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. In letters rogatory there is always an offer on the part of the court whence they issued, to render a similar service to the court to which they may be directed whenever required. Pet. C. C. Rep. 236.
     2. Though formerly used in England in the courts of common law, 1 Roll. Ab. 530, pl. 13, they have been superseded by commissions of Dedimus potestatem, which are considered to be but a feeble substitute. Dunl. Pr. 223, n.; Hall's Ad. Pr. 37. The courts of admiralty use these letters, which are derived from the civil law, and are recognized by the law of nations. See Foelix, Dr. Intern. liv. 2, t. 4, p. 800; Denisart, h.t.

References in periodicals archive ?
Pressing it's claim that Pakistan is going slow in the 26/ 11 case it will be pointed out that Islamabad has not acted upon the Letters Rogatory sent in connection with the Mumbai terror attack case.
States for letters rogatory typically proceeds on an ex parte basis and
Although there is no mutual legal assistance treaty between Haiti and the United States, the Haitian government has cooperated, through letters rogatory, on many cases within the limits of Haitian law.
On July 6, 1988, the Chief Judicial Magistrate of Bhopal issued letters rogatory to the US administration seeking permission for the CBI to inspect safety systems installed at UCC's MIC unit in Institute.
The NIA, in order to further strengthen the case, is also planning to send Letters Rogatory (LR) to Iraq and Syria as the passport of Majeed, a 23-year-old youth from Mumbai, shows Iraq as his port of entry and Syria as port of exit, the sources said.
This has led the CBI to send Letters Rogatory (LRs) or legal appeals for assistance in the investigation to five remaining countries to establish leads in its probes that the kickbacks were either passed through these countries or invested there.
NIA sources said that permission from the government had been received to send a Letters Rogatory (LR) to Pakistan asking the authorities to arrest Salahuddin, and seven others named as proclaimed offenders named in the chargesheet filed yesterday.
TUNIS (TAP) - The request for extradition of bigwigs of the former regime under letters rogatory issued to this effect was discussed at the meeting held between Minister of Foreign Affairs Othman Jerandi and Seychelles Foreign Minister Jean-Paul Adam, on the sidelines of the 68th U.
Where letters rogatory shall have be [sic] addressed from any court of a foreign country to any circuit court of the United States, and a United States commissioner designated by said circuit court to make the examination of witnesses in said letters mentioned, said commissioner shall be empowered to compel the witnesses to appear and depose in the same manner as to appear and testify in court.
Shinde and Holder agreed that the Ministry of Home Affairs and the Department of Justice should work together institutionally, so as to ensure the best possible outcome within the laws of the two countries, to address pending issues relating to extradition, execution of Letters Rogatory and Red Corner Notices, as well as other areas of cooperation in law enforcement, counter terrorism and judicial processes," an official Indian statement said.
to the Letters Rogatory sent to Islamabad following the investigation by the National Investigation Agency.
Singh said that letters rogatory have been sent to different countries for information.