Taking the Mystery Out of Letters Rogatory

“Letters Rogatory – what the heck is that?” people often ask. Dictionaries describe it as (ro·ga·to·ry) adj. Law - requesting information. A Letter Rogatory or Letter of Request is a formal request from a court to a foreign court for some type of judicial assistance. The most common remedies sought by Letters Rogatory are service of process and taking of evidence. It comes from Latin meaning “to ask.”  Simple enough - But, why is it such a mystery?

Letters Rogatory are typically used when there is no treaty in effect between the two countries and enforcement of a judgment will be required.

The definition makes perfect sense – it’s the practical application that is the challenge.  Almost every country has different wording requirements, formatting rules, and idiosyncrasies that make you want to scream when filling out the forms.  No need for frustration – there are international service experts who can handle the task in a flash.

To begin, a case must have already been filed with the court of proper jurisdiction.  The next step is to prepare the Letters Rogatory (or Request for Judicial Assistance) in a civil case and Letter of Request in a criminal case.  It takes a thorough knowledge of the rules of the court of destination to prepare the document properly. Otherwise, the service will be rejected and returned un-served.

The Letters are then submitted to the court of jurisdiction for signatures of both the Clerk of the Court and the Judge.  Many Judges are reluctant to sign the formal request if they have not previously had the honor of such experience.  There are clauses that deal with reciprocity for costs (Judges do not like to obligate their court to unknown costs), manner of service, and mutuality of services.  Judges often hand write changes on the documents to meet their own wishes – no, no, Your Honor!  He/she just invalidated the request in most countries.

So, how do you convince a Judge that they must do it “your way?”  Cite the law and foreign requirements like you would do with anything you do before a Judge.  There are wording techniques in the preparation of the Letters that prevent Judges from making inappropriate changes.  An experienced expert will know the “tricks of the trade.”

After the Letters are signed by both the Clerk of the Court and the Judge, they are returned to the requesting attorney for processing.  Originals must always be used when submitting to the foreign court along with the proper number of service copies.  In addition, a cover letter must accompany the request which contains specific wording.  Oh, did I mention that all documents must be translated into the official language of the country of destination?

The properly prepared packet is forwarded to the U.S. Department of State for processing.  There is an Embassy fee of $2275.00, in addition to the service of process fees.  The State Department plays with it for a couple of months and the documents are eventually sent through diplomatic channels to the proper court in the foreign nation where the documents are to be served.

The service is assigned to a local court which does who-knows-what and then they assign it to a law enforcement official who serves the papers.

After service, the process goes back through the system, in reverse, until the proof of service ends up in the court file where the case originated. Neither the foreign court nor the State Department notifies the requesting attorney that it has been served. Strange, huh?

It is commonly stated that the Letters Rogatory process takes over one year to complete.  Au contraire! It normally takes only 7-10 months.  Feel better?  There are cases, however, that take up to two years due to the bureaucracy and protectionism of assets in some countries.

So, what is the solution to the Letters Rogatory dilemma?  Simple:  Hire an international service of process professional who understands the challenges an attorney may face and who has the resources to get the job done right.

Nelson Tucker is the CEO of Process Service Network, LLC, in the Los Angeles area.  His firm specializes in international and hard-to-serve cases and has completed over 16,000 Letters Rogatory services in the past 33 years.  You may contact him at via email at processnet@sbcglobal.net or at www.processnet1.com for a free consultation.

*****

Make sure to bookmark this article for future reference.