When you need to serve legal documents in a country that isn’t a party to the Hague Service Convention, or when the specific circumstances of your case require formal judicial assistance that falls outside treaty-based procedures, Letters Rogatory is the mechanism the legal system provides.
Letters Rogatory are requests from courts in one country to the courts of another country requesting the performance of an act. Essentially, it means the court of your country asks their court to carry out service on your behalf, under their legal authority and procedures.
The process moves through diplomatic channels, from the requesting U.S. court to the U.S. Department of State, then to the U.S. embassy in the destination country, then to that country's Ministry of Foreign Affairs, Ministry of Justice, and ultimately to the appropriate local court. Each step in that chain takes time, and the total timeline reflects it.
When Letters Rogatory Are Required
There are two primary situations where Letters Rogatory becomes the relevant option:
- The country where you need to serve documents isn’t a party to the Hague Service Convention or any other applicable treaty. In those situations, Letters Rogatory is often the only formal method available for enforceable service.
- The case requires formal judicial assistance that treaty-based procedures do not cover, or the specific type of service sought is not within the scope of the applicable convention.
Before initiating Letters Rogatory, it’s worth confirming whether the destination country is party to the Hague Service Convention or the Inter-American Service Convention, as those treaty-based procedures are generally faster and less expensive. DGR can help you finalize which process works best for the country you need to effectuate service in.
What to Expect on Timeline and Cost
Letters Rogatory is the slowest of the available international service options. The exact timeline depends on the responsiveness of the destination country's courts, the volume of requests being processed, and whether the submission is complete and accurately prepared from the outset. Typically, it can be common for these matters to take a year or more.
Cost is also significant. Letters Rogatory typically involves translation fees, duplication costs, court filing fees, diplomatic transmission fees, and in some cases, separate consular fees for the U.S. embassy. Foreign courts may also charge their own processing fees.
Given the cost and timeline involved, complete and accurate preparation is essential. A submission that is returned for corrections can add months to an already lengthy process and in some cases, may require starting over. This makes it exceptionally critical to choose a process server who is familiar with the forms and rules of the country the request is being submitted to.
Working with a Process Server on Letters Rogatory
The complexity of Letters Rogatory, including the number of parties involved, the translation requirements, and the documentation standards that vary by country, means that experience matters significantly. An international process server familiar with the Letters Rogatory process can help ensure submissions meet the requirements of the specific destination country, flag potential issues before the package is transmitted, and keep your firm informed as the request moves through diplomatic channels.
At DGR Legal, our international service team has handled Letters Rogatory requests to countries around the world. If you have a case that requires service in a non-Hague jurisdiction, contact us to discuss your options.
The staff of DGR Legal are not lawyers, nor is our organization a law firm. The information provided on this website does not, and is not intended to, constitute legal advice. Rather, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.