CIDIP: This Protocol was adopted at the Third Inter-American Specialized Conference on Private International Law (CIDIP-III), held in La Paz, Bolivia - May 1984.  

Ratifications: To date, the following countries have ratified this Convention: [click here] 

Objective: The goal of this Protocol is to strengthen and facilitate international cooperation in judicial procedures as provided for in the Inter-American Convention on the Taking of Evidence Abroad.  

Summary: The additional Protocol establishes procedural rules and Annexes to facilitate the presentation of letters rogatory under the Convention. The Annexes serve as pre-printed forms for presentation to the corresponding officials.  Annex “A” serves as the form for the letter rogatory itself.  Annex “B” 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.   

Annex “A” requires that the letter rogatory for the taking of evidence must include the following information or documents: 1) clear and precise statement of the purpose for the evidence requested; 2) copies of documents and decisions that serve as the basis and justification for the letter rogatory, as well as such interrogatories and documents as may be needed for its execution; 3) names and addresses of the parties to the proceeding, as well as of witnesses, expert witnesses, and other persons involved and all information needed for the taking of the evidence; 4) summary report on the proceeding and the facts giving rise to thereto, if needed for the taking of the evidence; and 5)  clear and precise statement of such special requirements or procedures as may be requested by the Authority of the State of origin for the taking of the evidence. The letter may be transmitted via judicial means, through consular or diplomatic agents or through the designated Central Authority.  

A letter rogatory must be processed if it meets the following requirements: 1) the proceeding has been initiated; 2) the documents are reasonably identified by date, contents, or other appropriate information; and 3) the letter rogatory specifies those facts and circumstances causing the requesting party reasonably to believe that the requested documents are or were in the possession, control, or custody of, or are known to the person from whom the documents are requested.  The person from whom documents are requested may, where appropriate, deny that it has possession, control, or custody of the requested documents, or may object to the exhibition and copying of the documents, in accordance with the rules of the Convention.  

Upon receipt of a letter rogatory the Central Authority of the receiving State shall transmit it to the appropriate judicial or other authority for processing.  The judicial or other authority or authorities that processed the letter rogatory shall certify its execution, or the reasons for its non-execution, and shall transmit it with the relevant documents to their Central Authority.  The Central Authority of the receiving State shall certify execution of the letter rogatory, or the reasons that prevented it from executing the letter rogatory, to the Central Authority of the State Party of origin on the form contained in Annex “B”, which shall not require legalization. In addition, the Central Authority of the receiving State shall return the letter rogatory and attached documentation to the Central Authority of the State of origin for delivery to the judicial or other authority that issued it.  

Each State Party shall designate a Central Authority to perform the functions assigned to it in the Inter-American Convention on the Taking of Evidence Abroad and in this Protocol and must inform such designation to the General Secretariat of the OAS, which will distribute a list of designated Authorities to the States Party.  A State Party to this Protocol that is also a Party to the Additional Protocol to the Inter-American Convention on Letters Rogatory, shall designate the same authority for the purposes of both instruments.