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What are some important points to know about letters rogatory?

On Behalf of | Apr 17, 2023 | Out-of-state Discovery - Letters Rogatory |

Letters rogatory require a very specific process. If you do not handle them correctly, it could lead to issues and delays.

The U.S. Department of State explains the process for executing them will take at least a year in most cases, so you do not want to do anything that could further extend the timeline. There are many different details to know about filing letters rogatory that you want to note.

Transmission channels may vary

In some cases, the only way to send letters rogatory is through diplomatic channels, which is a long process. However, some countries will accept them directly from an attorney. You should check to see how the process works in your specific case.

Specificity is key

You want to ensure your documents are direct and simple. Avoid using overly technical language or legal vocabulary that may not translate well. You also want to be sure that you address matters according to the laws in the other country when it comes to evidence gathering since other countries may have more strict rules. Ensure you are as specific as possible in every request and communication to avoid confusion or mistakes. You must translate all documents into the language of the receiving country.

A judge signs off

You must have a judge sign your letters rogatory. Missing this key element can cause serious issues. You cannot allow a clerk to sign for the judge. Typically, you must have a court seal on the document along with the signature.

There are many more rules about letters rogatory, but these are very important ones to note.