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Simple English definitions for legal terms
letter rogatory
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A quick definition of letter rogatory:
A letter rogatory, also known as a letter of request, is a document that one court sends to a foreign court asking for help in a legal case. The letter asks the foreign court to do things like gather evidence or serve legal papers to someone in their jurisdiction. The foreign court then sends back the evidence or proof of service to be used in the original case. It can also refer to a document that allows a lower court to give up its power so that a higher court can hear a case.
A more thorough explanation:
A letter rogatory, also known as a letter of request, is a legal document issued by one court to a foreign court. It is used to request that the foreign court take evidence from a specific person or serve process on an individual or corporation within the foreign jurisdiction. The testimony or proof of service is then returned for use in a pending case.
For example, if a court in the United States needs to obtain evidence from a witness who is located in France, they can issue a letter rogatory to a French court. The French court will then take the necessary steps to obtain the evidence and send it back to the US court.
Another use of a letter rogatory is when an inferior court withdraws or waives jurisdiction so that a matter can be heard in the court immediately above. This is known as a letter of request as well.
Overall, a letter rogatory is an important legal tool that allows courts to obtain evidence and serve process in foreign jurisdictions.