CIDIP:
This Protocol was adopted at the Second Inter-American
Specialized Conference on Private International Law (CIDIP-II),
held in Montevideo, Uruguay - May 1979.
Ratifications:
To date, the following countries have ratified this
Convention: [click
here]
Objective: This Protocol creates documents and
establishes additional rules for use with the
Inter-American Convention on Letters Rogatory, but does
not apply to letters rogatory concerning evidence abroad.
Summary:
The Additional Protocol establishes procedural
rules and three Annexes to facilitate the presentation of
letters rogatory under the Convention. The Annexes serve
as pre-printed forms for presentation to the Central
Authority.
Annex “A” serves as the form for the letter rogatory
itself.
Annex
“B” serves as the form containing essential information
for the person to be served or the Authority to receive
the documents.
Annex “C” serves as a
certificate by which the Central Authority of the State of
designation attests to the execution or non-execution of
the letter rogatory.
To
process the letter rogatory, these documents must be
accompanied by a copy
of the complaint or pleading that initiated the action, a
copy of the documents attached to the complaint or
pleading and a copy of any rulings ordering issuance of
the letter rogatory.
The Protocol establishes that the Central Authority in the
State of destination shall transmit the letter rogatory to
the appropriate judicial or administrative authority for
processing in accordance with the applicable local law.
Upon execution of the letter rogatory, the judicial
or administrative authority or authorities that processed
it shall attest to the execution thereof in the manner
prescribed in their local law, and shall transmit it with
the relevant documents to the Central Authority.
The Central Authority of the State Party of
destination shall certify execution of the letter rogatory
to the Central Authority of the State Party of origin,
which shall not require legalization.
Likewise the Central Authority of the State of
destination shall return the letter rogatory and attached
documents to the Central Authority of the State of origin
for delivery to the judicial or administrative authority
that issued it.
The processing of letters rogatory by the Central
Authority of the State Party of destination and its
judicial or administrative authorities shall be free of
charge.
However, this State Party may seek payment by
parties requesting execution of letters rogatory for those
services which, in accordance with its local law, are
required to be paid for directly by those parties.