Letters rogatory are defined as an instrument sent in the name and by the authority of a judge or court to another judge or court. This instrument requests the receiving court to cause a witness who is within its jurisdiction to be examined upon interrogatories filed in a cause pending before the sending court.
Purpose and Issuance
The purpose of letters rogatory is to allow the sending court to take depositions or perform any other act by the authority of the receiving court or tribunal. They may be issued only when necessary or convenient, upon application and notice, and on terms that are just and appropriate. Letters rogatory are typically addressed to the appropriate judicial authority in the foreign country.
Application
In civil cases, letters rogatory are a mechanism to obtain evidence from a witness outside the court's jurisdiction. They facilitate discovery proceedings, such as the examination of witnesses via written interrogatories, in foreign countries. This process supports the efficient administration of justice by allowing for the procurement of relevant information.