Hague service convention international process server








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Free consultation call 1-800-365-6945

Letters Rogatory

Service by letter rogatory is effected in a foreign country ABSENT a treaty, convention or other agreement for service of judicial documents.

This is also the method used for acquisition of compelled evidence in a country absent treaty, convention or other agreement for this purpose. This method requires a current diplomatic relationship with the destination country. If there is no Consular Convention in force between the United States and the foreign country, letters rogatory are received by foreign authorities on the basis of comity. A letter rogatory request, even when diplomatic relationships exist, does not obligate the foreign country to execute the request, but simply provides a formal and fairly standardized mechanism through which the requests may officially be made in a manner considered valid in the foreign jurisdiction.

A letter rogatory for execution in a foreign country is a request for international judicial assistance, signed by the forum court here in the United States, forwarded through diplomatic channels to the destination country and ultimately executed through the courts of the destination country.

This is a formal process for use in cases where you believe you may need ultimate enforcement of a judgment or court order in the foreign country.

Service by letter rogatory is a very lengthy process, often taking 6 months or more to complete, with no way to expedite the process. Unfortunately, there are instances when this is the only option available.

Service by letter rogatory requires translation of all documents to be served, including exhibits and the letter rogatory itself, into the native or designated national language of the destination country.

Please note:

Due to the fact that standard letter rogatory protocol requires execution through State Department officials and diplomatic channels of the country of origin, our office can only execute letters rogatory for cases that originate in U.S. courts.

If you have a case originating in a court outside the U.S., your best course of action would be to contact counsel in the destination country, or research the proper procedures and channels within your forum judicial system. If you would like assistance in contacting counsel in a foreign jurisdiction, we can provide referrals.

Once we are provided the necessary items and information:

We prepare all necessary documents and facilitate service through the appropriate authority.

We provide, at no extra cost, an affidavit for the U.S. court which can support a motion to extend, which is usually necessary.