Successful business litigation typically requires thorough documentation. People need financial records, contracts and other documentation to validate the claim that a breach of contract or actionable business tort occurred.
Frequently, evidence of contract violations or business misconduct comes from internal company records. The formal discovery process before the trial begins allows a plaintiff or defendant organization to request non-public information from the other party involved in the lawsuit.
If the other business is in a different state or outside of the United States of America, a special legal document may be necessary.
Lawyers can draft letters rogatory to obtain evidence
When both businesses embroiled in litigation operate within one jurisdiction, the discovery process is relatively straightforward. The local courts facilitate the exchange of discovery materials and the same laws apply to both parties.
When one business has its headquarters in another state or country, securing internal documentation for the lawsuit can be a much more difficult process. An attorney representing one organization can draft letters rogatory that they submit to the other party.
Letters rogatory, also known as letters of request, initiate a court-to-court procedure that facilitates the release and sharing of discovery documentation. If a subpoena cannot secure evidence or a spoliation letter cannot prevent its destruction/alteration due to a difference in rules across jurisdictions, letters rogatory can help ensure that the courts with jurisdiction over the other business facilitate the discovery process.
The discovery process in a lawsuit that crosses state or international boundaries can be a much more complicated and lengthy process than in a lawsuit limited to a single jurisdiction. Working with an attorney who has experience drafting letters rogatory can be helpful for those preparing for complex business litigation.
