| Home DIL | Español |

 

International Law

 
 

Inter-American
Juridical Committee

Sec. for Legal Affairs

 

Organization of American States

 

Bigger text (+) | Smaller text (-)

  Additional Protocol to the Inter-American Convention on Letters Rogatory
  » Summary

[full text]

 

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.  

About Us | Index site | Contact Us | Home DIL | Español

© 2021 Secretariat for Legal Affairs, Organization of American States. All rights reserved.