Letter Rogatory | Practical Law

Letter Rogatory | Practical Law

Letter Rogatory

Letter Rogatory

Practical Law Glossary Item 8-519-1439 (Approx. 3 pages)

Glossary

Letter Rogatory

Also known as a letter of request. A request from a court in one country to the judiciary of a foreign country to perform a specified act that would violate the foreign country's sovereignty if done without its approval. Letters rogatory are commonly used for:
  • The taking of evidence.
  • The serving of a summons, subpoena or other legal notice.
  • The execution of a civil judgment.
(28 C.F.R. § 92.54.)
Letters rogatory may be used regardless of whether multi-lateral or bilateral treaties on judicial assistance are in force. Letters rogatory used in countries not party to a treaty on the collection of evidence must be submitted and delivered through diplomatic channels. However, letters rogatory used in countries that are parties to a treaty, such as the Hague Evidence Convention, usually may be submitted directly to a court in that country to obtain performance of a requested action (see 28 U.S.C. §1782).