CIDIP: This Convention was adopted at the First Inter-American Specialized Conference on Private International Law (CIDIP-I), held in Panama City, Panama - January 1975.  

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

Objective: This Convention establishes the rules for the recognition and application of letters rogatory between the Parties to the Convention.

Summary: This Convention applies to letters rogatory the purpose of which is the performance of procedural acts of a formal nature (i.e., service of process, summonses or subpoenas abroad) and the taking of evidence and the obtaining of information abroad, unless a reservation is made in this respect. This Convention does not apply to procedural acts other than those specified above and in particular does not apply to acts involving measures of compulsion.  

Letters rogatory, which may be transmitted to the relevant authority by the interested parties, judicial, diplomatic or consular channels or designated Central Authority,  must be accompanied by the following information: 1) authenticated copy of the complaint with its supporting documents, and of other exhibits or rulings that serve as the basis for the measure requested; 2) written information identifying the authority issuing the letter, indicating the time-limits allowed the person affected to act upon the request, and warning of the consequences of failure to do so; and 3) information on court-appointed defense or other corresponding legal assistance in the State of origin as well as their contact information.  

The Convention also establishes that letters do not require legalization if transmitted through consular or diplomatic channels or through the Central Authority, or courts in border areas. Also, they are to be executed in accordance with the procedural and substantive rules of the State of destination, but such execution will not imply ultimate recognition of the jurisdiction of the Authority issuing the letter rogatory, nor will it imply a commitment to execute or to recognize the validity of the judgment it may render.  

The State of destination may refuse to execute a letter rogatory that is manifestly contrary to its public policy. Additionally, the interested party bears the costs related to the execution of the letter.  Parties to the Convention will notify the General Secretariat of OAS of the Central Authority designated to receive and distribute letters rogatory.