Law Firm of Linda Friedman Ramirez P.A.

 What are Letters Rogatory?

Requests for judicial assistance are formal requests from a court of one nation to the judiciary of a foreign nation, requesting the assistance of the foreign authorities in obtaining evidence. The execution of a request for judicial assistance by the foreign court is based, in the absence of a treaty, on comity between nations at peace. United States v. Zabady, 546 F.Supp. 35, 39 n. 9 (M.D.Pa.1982); The Signe, 37 F.Supp. 819, 820 (E.D.La.1941).

Federal courts have the power to issue requests for judicial assistance. This power derives from 28 U.S.C. Section 1781, and from the court's "inherent" authority.

Treaties and Conventions

Inter-American Convention on Letters Rogatory

Mutual Legal Assistance Treaties

Inter-American Convention on Mutual Assistance

Vienna Convention on Consular Affairs

United Nations Convention Against Transnational Organized Crime

U.N. Convention Against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances

Model Treaties

Model Treaty on Mutual Assistance