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For example, Alice in the United States, could not summon Jean from France to the US courthouse. Instead, the US court would issue a letter rogatory to a French court, which would then examine Jean in France, and send a deposition back to the requesting court.
The Convention also sets out rules for the enforcement of such letters rogatory by the authorities of the requested state. The Convention was concluded in Strasbourg , France , on 20 April 1959 and entered into force on 12 June 1962.
The convention establishes a procedure whereby each contracting state designates a "central authority" to receive and review incoming "letters of request" for taking evidence in that country. The central authority reviews the letter of request to determine that it complies with the requirements of the convention.
For states that are not party to the Hague Service Convention, diplomatic channels are generally used for the service of legal documents. It is generally effected by a letter rogatory, which is a formal request to issue a judicial order from a court in the state where proceedings are underway to a court in another state. This procedure ...
[1] The practice of mutual legal assistance developed from the comity-based system of letters rogatory, though it is now far more common for states to make mutual legal assistance requests directly to the designated Central Authority within each state. In contemporary practice, such requests may still be made on the basis of reciprocity but may ...
A Letter Rogatory is not necessary, as a standardised request form included in the annex to the regulation must be used. This aids the process by being widely recognised by the relevant authorities. In addition to service through the recipient member state's receiving agency or agencies, Article 14 of the regulation permits service on ...
The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person. ... The order may prescribe the practice and procedure, which may be in whole or part the practice and procedure of the foreign country or the international tribunal, for taking ...
If there is a difficulty in getting witnesses out of a foreign court and into the original court, this needs to be revealed to the court. The defendant must explain why the use of letters rogatory or other judicial reciprocity tools are not sufficient and cannot replace actual transfer of the case. The standard that the defendant must meet is ...