When you need either judicial or legal action from a different country, you may find yourself needing to file letters rogatory. The foreign court will receive these letters when you require their judicial assistance.
With a letters rogatory, you can get a foreign court’s sanction for actions that you may otherwise not get the chance to carry out, because they are a violation of a country’s sovereignty. Thus, it is important to understand how to draft and send letters rogatory in the event you need them.
What to do
The U.S. Department of State discusses preparation of letters rogatory. First, you must understand the right way to draft these letters. Each country has different guidelines on their letters rogatory, so you must familiarize yourself with what the specific country you intend to deal with requires. This includes knowing the right judicial authority to direct your letters toward.
Note that U.S. discovery rules do not always line up with the systems in place in other countries. Account for this to ensure any discovery request does not end up considered overbroad. You should also state the specifics of the procedures you wish for the foreign court to follow, too, such as requesting certain documents.
How to write your letters
Finally, remember that foreign courts and the people in them may not speak fluent English. Keep your language non-technical and write in simple, easily understood terms. Get your point across as straight-forward and succinctly as possible.
It helps to have legal aid while you go through this process, too. They can ensure you do not make costly and time-consuming mistakes along the way.
