Legal Definitions - letter rogatory

A letter rogatory is a formal request from a court in one country to a court in another country, asking for judicial assistance. This request is typically made when a court needs to obtain evidence, such as witness testimony or documents, that are located within the jurisdiction of the foreign court. Because a court's authority generally stops at its own country's borders, a letter rogatory is a crucial tool for international legal cooperation, allowing legal proceedings to continue even when key information or individuals are abroad. The foreign court, upon receiving the letter rogatory, will then use its own legal procedures to gather the requested evidence or testimony on behalf of the requesting court.

Here are some examples illustrating the use of a letter rogatory:

• Civil Litigation and Witness Testimony: A company in the United States is suing a former business partner for breach of contract. A crucial witness, who possesses vital information about the agreement, has since moved to France and is unwilling to travel to the U.S. to testify. The U.S. court cannot directly compel a French citizen to appear in a U.S. court. Therefore, the U.S. court issues a letter rogatory to a French court, requesting that the French court arrange for the witness to give testimony under oath in France, following French legal procedures. The testimony is then recorded and sent back to the U.S. court to be used in the trial.

  This example demonstrates how a letter rogatory facilitates the collection of witness testimony from an individual located in a foreign country, respecting the legal sovereignty of that nation.

• Criminal Investigation and Evidence Collection: A prosecutor in the United Kingdom is investigating a complex financial fraud scheme. They discover that critical bank records and digital communications related to the suspects are held by a financial institution and an internet service provider located in Switzerland. The U.K. court cannot directly subpoena these Swiss entities. To obtain this evidence, the U.K. court sends a letter rogatory to a Swiss court, asking for assistance in compelling the Swiss bank and ISP to produce the requested documents and data. The Swiss court then applies its own laws to secure and transmit the evidence to the U.K. authorities.

  This illustrates the use of a letter rogatory to obtain specific types of evidence, such as financial records and digital data, from a foreign jurisdiction for a criminal proceeding.

• Family Law and Service of Process: In a child custody dispute in Australia, one parent has moved with the child to Canada, and the Australian court needs to formally serve legal documents (such as a summons or a court order) on that parent to ensure they are aware of the ongoing proceedings. Australian authorities do not have the power to serve documents directly in Canada. The Australian court issues a letter rogatory to a Canadian court, requesting assistance in serving these legal documents on the parent in Canada according to Canadian legal requirements. This ensures the parent receives proper notification and due process.

  This example shows a broader application of a letter rogatory beyond just testimony or documents, including the formal service of legal documents on an individual residing in another country, particularly in a family law context.