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Simple English definitions for legal terms
rogatory letter
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A quick definition of rogatory letter:
A rogatory letter 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's also called a letter of request or letter rogatory.
A more thorough explanation:
A rogatory 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
- Serve process on an individual or corporation within the foreign jurisdiction
- 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 rogatory letter to a French court requesting that the witness be interviewed and the testimony be sent back to the US court.
A rogatory letter is also used by an inferior court to withdraw or waive jurisdiction so that a matter can be heard in the court immediately above. For instance, a municipal court may issue a letter of request to a state court to transfer a case to the state court.
Overall, a rogatory letter is an important legal tool that allows courts to obtain evidence and serve process in foreign jurisdictions.