Letters rogatory, or letters of request, is a process by which one court or tribunal requests evidence from a court in a different country. This evidence may include testimony from witnesses, documents, or other items that bear on the outcome of a case. In most cases, letters rogatory involve requests from a court within one country and a court within another country, though should be considered in international business, litigation abroad, corporate compliance, and even asset discovery.
Under the Hague Convention, which governs international legal proceedings, letters rogatory are standardized in form and make use of diplomatic channels for requests and responses. The requesting court provides a statement of facts and reasons for the request. The responding court may accept or reject the request, or may make modifications to it. Should the request be accepted in whole or in part, the responding court will often appoint a local lawyer or officer to take evidence on the requesting court’s behalf and to prepare a report or transcript that is returned to the requesting court.
As such, letters rogatory are a common tool in the administration of justice in the international sphere. Multinational firms, government agencies, and other entities may require more than one nation’s courts to cooperate in order to resolve a case or to obtain important evidence. Letters rogatory become especially important in cases that require the taking of evidence abroad or require a request for judicial assistance in a foreign state. Understanding what letters rogatory are and how they are put into action is essential for business professionals conducting business across international borders.