In its broader sense in international practice, the term letters rogatory denotes a formal request from a court in which an action is pending, to a foreign court to perform some judicial act. Examples are requests for the taking of evidence, the serving of a summons, subpoena, or other legal notice, or the execution of a civil judgment. In United States usage, letters rogatory have been commonly utilized only for the purpose of obtaining evidence. Requests rest entirely upon the comity of courts toward each other, and customarily embody a promise of reciprocity. The legal sufficiency of documents executed in foreign countries for use in judicial proceedings in the United States, and the validity of the execution, are matters for determination by the competent judicial authorities of the American jurisdiction where the proceedings are held, subject to the applicable laws of that jurisdiction. See § 92.66 for procedures in the use of letters rogatory requesting the taking of depositions in foreign jurisdictions.
Notes of Decisions
Lantheus Med. Imaging, Inc. v. Zurich Am. Ins., 841 F. Supp. 2d 769 (S.D.N.Y. 2012).
· cites it 2× “]" Black’s Law Dictionary 778 (9th ed. abridged 2009). 5 "In its broader sense in international practice, the term letters rogatory denotes a formal request from a court in which an action is pending, to a foreign court to perform some judicial act," 22 C.”
United States v. Hafiz Muhammad Sher Ali Khan, 794 F.3d 1288 (11th Cir. 2015).
“2009); see also 22 C.F.R. § 92.54 . The Department of State has statutory authority to transmit letters rogatory through diplomatic channels to the appropriate foreign tribunal or agency.”
Hafiz Muhammad Khan v. United States, 928 F.3d 1264 (11th Cir. 2019).
“" 22 C.F.R. § 92.54 . But as the government explained at trial, diplomatic relations between the United States and Pakistan are "not an easy area to navigate in.”
Servotronics, Inc. v. Rolls-Royce PLC, 975 F.3d 689 (7th Cir. 2020).
“22 C.F.R. § 92.54 . No. 19-1847 5 use in foreign litigation, either in response to a letter rogato- ry or on application of a person with an interest in the litigation.”
In Re Grand Jury Subpoena, 646 F.3d 159 (4th Cir. 2011).
“See 22 C.F.R. § 92.54 . Because the power of letters rogatory may be limited by foreign countries, however, this mechanism does not allow for the same breadth and ease of discovery as do the Federal Rules of Criminal Procedure.”
United States v. Under Seal, 646 F.3d 159 (4th Cir. 2011).
“See 22 C.F.R. § 92.54 . Because the power of letters rogatory may be limited by foreign countries, however, this mechanism does not allow for the same breadth and ease of discovery as do the Federal Rules of Criminal Procedure.”
Servotronics, Inc. v. Rolls-Royce PLC (7th Cir. 2020).
“22 C.F.R. § 92.54 . No. 19-1847 5 use in foreign litigation, either in response to a letter rogato- ry or on application of a person with an interest in the litigation.”
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