If your lawsuit depends on testimony or documents located outside Massachusetts, obtaining that evidence becomes more complicated than just issuing a subpoena. A witness may live in another state, or a corporation may keep important records overseas.
Letters rogatory may provide a way to obtain evidence with the assistance of another jurisdiction’s judicial authorities. Understanding the purpose of letters rogatory and when they are appropriate can help litigants avoid unnecessary delays and protect important evidence.
How are letters rogatory different from subpoenas?
A subpoena commands a person to appear or produce specified materials within the issuing court’s lawful authority. However, a person can’t be forced to comply with a subpoena issued from a court outside their jurisdiction unless it meets certain criteria.
Letters rogatory are formal requests from one court to judicial authorities in another jurisdiction requesting assistance with a legal proceeding. Depending on the circumstances, that assistance may be arranging for a witness to give testimony or provide other evidence.
Situations where letters rogatory may be appropriate include:
- When a key witness lives outside Massachusetts
- When important evidence is located abroad
- When the receiving jurisdiction’s procedures require judicial assistance
Letters rogatory may not always be necessary to obtain evidence from another state. When a litigant needs testimony or documents from another state, the Uniform Interstate Depositions and Discovery Act (UIDDA) may provide a more direct process.
However, not every state has adopted the UIDDA. Rather than assuming that a subpoena from Massachusetts can be enforced in a particular state, it’s better to determine how state law permits the evidence to be obtained. Choosing the wrong procedure can lead to rejected requests, additional expense or delays that affect litigation strategy.
Obtaining evidence outside Massachusetts requires more than identifying a witness or locating documents. A legal professional can help you identify available options, prepare the necessary documents and coordinate with authorities in the relevant jurisdiction.
