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Simple English definitions for legal terms
requisitory letter
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A quick definition of requisitory letter:
A requisitory letter, also known as a letter of request or letter rogatory, is a document that one court sends to a foreign court asking for help in a legal case. The letter may ask the foreign court to gather evidence or serve legal papers on someone in their jurisdiction. The foreign court will then send back the evidence or proof of service to be used in the original case. In some cases, a requisitory letter can also be used by a lower court to transfer a case to a higher court.
A more thorough explanation:
A requisitory letter, 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 within the foreign jurisdiction, or
- Serve process on an individual or corporation within the foreign jurisdiction and return the testimony or proof of service for use in a pending case.
For example, if a court in the United States needs to obtain evidence from a witness who lives in France, it can issue a requisitory letter to a French court requesting that the witness be interviewed and the testimony be sent back to the US court.
Another example is when a lower court withdraws or waives jurisdiction so that a matter can be heard in a higher court. In this case, the lower court issues a letter of request to the higher court.
Overall, a requisitory letter is a legal tool used to facilitate communication and cooperation between courts in different jurisdictions.