What is a Letters Rogatory?
A letters rogatory is a formal request issued by a court in one country to the judiciary of another, asking for judicial assistance—usually to obtain testimony, serve documents, or gather evidence in a legal proceeding that crosses national borders.
Legal Definition and Purpose
In international law, a letters rogatory (also known as letter of request) serves as the primary mechanism for one jurisdiction to seek help from another in carrying out judicial acts. It operates under the principle of judicial comity, where nations cooperate to ensure justice even beyond territorial limits. Such requests are typically used in civil or criminal cases where a witness, document, or asset is located abroad. They are transmitted through diplomatic channels—often from the requesting court to the foreign ministry, then to the target country’s judiciary.
Historical Background
The concept originates from Roman and medieval European law, where courts relied on diplomatic correspondence to execute judicial acts beyond local boundaries. By the nineteenth century, as international litigation expanded, the practice became formalized through treaties such as the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970). Today, most countries recognize letters rogatory as the official method for cross-border evidence collection when no direct treaty mechanism exists.
Modern Application in International Courts
In modern judicial cooperation, letters rogatory are often replaced or supplemented by Mutual Legal Assistance Treaties (MLATs), which provide faster and more direct channels. However, letters rogatory remain essential when:
- No MLAT exists between the nations involved.
- The matter concerns civil or commercial litigation rather than criminal prosecution.
- The request requires formal diplomatic validation.
Courts must include precise information: the names of parties, description of requested actions, applicable laws, and certification of authenticity. The requested state executes it according to its domestic legal procedures, not the requesting country’s rules.
Example in Practice
A U.S. court hearing a fraud case may issue a letters rogatory to a French court seeking a witness statement from a French citizen. The document passes through the U.S. Department of State and the French Ministry of Justice before reaching the local tribunal. The French court, respecting international comity, conducts the deposition according to French law and returns the testimony through the same diplomatic route.
FAQ
What does “letters rogatory” literally mean?
The term comes from Latin rogare, meaning “to ask.” It refers to a court’s formal request for judicial cooperation from another jurisdiction.
How is a letters rogatory different from an MLAT request?
An MLAT is a treaty-based procedure between governments, mainly for criminal matters. A letters rogatory is a direct communication between courts, used when no treaty applies or in civil cases.
Are letters rogatory still used today?
Yes, especially in civil or commercial disputes, where no international treaty governs evidence exchange. They provide a legally recognized path for obtaining information abroad.
Who drafts a letters rogatory?
Typically, the attorney of the requesting party prepares the document, but it must be reviewed and issued by the court to have legal effect.
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