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.
Posts
