Transmission of Letters
Rogatory in the Region
Transmission of Letters
Rogatory in the Region
JANUARY 2014
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
This work is the result of the efforts of a team of enthusiastic lawyers from
different Latin American jurisdictions who are members of the IBA Latin
American Regional Forum’s Young Lawyers Council.
The project was born out of the concern raised by Forum members regarding
different practical and regulatory problems they frequently face when processing
Letters Rogatory, be it producing evidence in a foreign jurisdiction, serving
notice of a complaint or attempting to enforce a judgment.
Team members agreed that setting out the facts for each jurisdiction was
necessary to enable them to examine the issues from a different perspective and
only then analyse the strategy to be implemented.
The IBA, as an independent entity that brings together tens of thousands of
lawyers from all over the world, would be an ideal institution to make known
this concern, which is inherent to an increasingly global legal practice. It is
anachronistic and unconceivable that in the ‘era of mass communications’
serving legal documents in different jurisdictions could take months.
In a democratic world, the role of states should be continuously analysed. Today
they bear the burden and responsibility of managing the mechanisms approved
by international treaties. Isn’t it time that such responsibility is shared? Isn’t it
time that such responsibility is handed to to international lawyers’ organisations
or bar associations? Not only would this mean that such mechanisms be
expedited but that states could focus more on other matters that do require their
full commitment of personnel and resources.
These and other questions will surely arise from reading this work which
was intended to gather in a homogenous document the rules and practices
concerning Letters Rogatory in each participating jurisdiction.
We are very proud of the work accomplished, of the team of generous people
who devoted many hours to analyse the issue and of the professional commitment
with which it was done. Congratulations to all the members of the Young Lawyers
Council and the coordinators.
Marcela Hughes
Pablo Iacobelli
Co-ChairCo-Chair
IBA Latin American Regional Forum
IBA Latin American Regional Forum
Lisandro Allende
Immediate Past Co-Chair
IBA Latin American Regional Forum
TRANSMISSION OF LETTERS ROGATORY IN THE REGION Latin American Regional Forum
Committee Officers
Co-Chairs
Marcela Hughes
Hughes & Hughes, Montevideo
Tel: +598 (2) 916 0988
Fax: +598 (2) 916 1003
[email protected]
Scholarship Officer
Benjamin Grebe
Prieto y Cia, Santiago
Tel: +56 (2) 2280 5000
Fax: +56 (2) 2280 5001
[email protected]
Pablo Iacobelli
Carey, Santiago
Tel: +56 (2) 2928 2215
Fax: +56 (2) 2928 2228
[email protected]
Secretary
Carolina Zang
Zang Bergel & Viñes Abogados, Buenos Aires
Tel: +54 (11) 5166 7000
Fax: +54 (11) 5031 2203
[email protected]
Senior Vice-Chair
Ricardo Veirano
Veirano Advogados, São Paulo
Tel: +55 (11) 5503-3719
Fax: +55 (11) 5505-3990
[email protected]
Website and Newsletter Officer
Júlio César Bueno
Pinheiro Neto Advogados, São Paulo
Tel: +55 (11) 3247 8667
Fax: +55 (11) 3247 8600
[email protected]
Vice-Chairs
Carlos Dominguez
Hoet Pelaez Castillo & Duque, Caracas
Tel: +58 (212) 201 8558
Fax: +58 (212) 263 7744
[email protected]
Committees Liaison and
Communications Officer
Juan Carlos de los Heros
Estudio Echecopar, Lima
Tel: +51 (1) 618 8500
Fax: +51 (1) 372 7171
[email protected]
David Gutierrez
BLP Abogados, San José
Tel: +506 2205 3903
Fax: +506 2205 3940
[email protected]
Eugenio Hurtado-Segovia
Ramirez, Gutierrez-Azpe, Rodriguez-Rivero y Hurtado, Mexico City
Tel: +52 (55) 5280 9193
Fax: +52 (55) 5281 0851
[email protected]
Treasurer
Juan Carlos Rocha
prietocarrizosa, Bogotá
Tel: +57 (1) 326 8604
Fax: +57 (1) 326 8610
[email protected]
Compliance & Special Projects Officer
Luis Carlos Rodrigo Prado
Rodrigo Elias & Medrano Abogados, Lima
Tel: +51 (1) 619 1912
Fax: +51 (1) 619 1919
[email protected]
Young Lawyers Liaison Officer
Estif Aparicio
Arias, Fábrega & Fábrega, Panama City
Tel: +507 205 7000
Fax: +507 205 7001
[email protected]
LPD Administrator
[email protected]
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
Transmission of Letters Rogatory
in the Region
Contents
Countries and lawyers participating
1
1. International judicial cooperation civil/commercial Letters Rogatory
2
2. What is considered as a Letter Rogatory in your country? Please detail all
requirements that Letters Rogatory should comply with in your jurisdiction.
9
3.
Which documents/information should be provided with the Letter Rogatory?
17
4.
How can Letters Rogatory be transmitted? Please specify all steps and procedures to
be followed in your country in order to process a Letter Rogatory.
20
5.
Are there any mandatory terms for the authorities involved (judges, central authority,
etc) to decide? If so, are there any sanctions if those terms are not accomplished? 28
6.
In practice, how long does the whole proceeding take?
31
7.
Is it possible to track the status of the proceedings online? 34
8. Which law rules the transmission and execution of the Letters Rogatory? Is there any
exception to the application of such law?
37
9.
Are there any standard forms for the Letters Rogatory to follow?
38
10.
What type of matters/requests can be included in a Letter Rogatory? In which cases
can a Letter Rogatory be rejected? 40
11.
Which aspects could be improved in your country with respect to the transmission of
Letters Rogatory?
45
12.
Please comment any other aspect that you may deem relevant for your jurisdiction. 48
Annex I
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
50
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
Transmission of Letters Rogatory
in the Region
Coordinator:
Mariana Estradé
Hughes & Hughes, Montevideo
Countries and lawyers participating:
Argentina:
Francisco J Roggero
Bulló - Tassi - Estebenet - Lipera - Torassa Abogados, Buenos Aires
Bolivia: Carolina Aguirre
Bufete Aguirre, La Paz
Brazil: Eleonora Coelho
Castro, Barros, Sobral, Gomes Advogados, São Paulo
Chile: Felipe Cousiño
Alessandri Abogados, Santiago
Colombia: Alvaro José Rodriguez
Posse, Herrera & Ruiz Abogados, Bogotá
Costa Rica:
Humberto A Pacheco
Pacheco Coto, San José
Mexico:
Jorge Sánchez Dávila
Goodrich Riquelme y Asociados, Mexico City
Paraguay:
José Ignacio Olmedo
Olmedo Abogados, Asunción
Peru:
Luis Bedoya Escurra
Rodrigo, Elías & Medrano Abogados, Lima
Uruguay:
Mariana Estradé
Hughes & Hughes, Montevideo
Juan Manuel Mercant
Guyer & Regules, Montevideo
Venezuela:
Hans Sydow Guevara
Tinoco, Travieso, Planchart & Núñez, Caracas
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
1
1. International judicial cooperation
civil/commercial Letters Rogatory
1. Regulations in force in Latin American countries
1.1 Multilateral treaties regarding Letters Rogatory – status of ratification by Latin
American countries.
Please refer to the Table in Annex I on p50.
1.2. Bilateral treaties, local laws and regulations in force in Latin American countries.
Argentina
Bilateral instruments in force in Argentina
• Bilateral Convention with Brazil regarding judicial cooperation in civil, commercial,
labour and administrative matters, approved by Act 24,108.
• Bilateral Convention with Brazil regarding Civil, Commercial, Labour and Administrative
Matters, approved by Act 24,108.
• Bilateral Convention with Brazil on Rogatory’ Execution, approved by Act 1052.
• Bilateral Convention with Bolivia on Legalisations, approved by Act 11,692.
• Bilateral Convention with Chile regarding Legalisations, and Processing of Letters
Rogatory, approved by Act 10,074.
• Bilateral Convention with Chile on Rogatory’ Execution, approved by Act 15,989.
• Bilateral Convention with Italy regarding Judicial Assistance and Recognition and
Enforcement of Foreign Judgments, approved by Act 23,720.
• Bilateral Convention with France regarding Judicial cooperation, approved by Act 24,107.
• Bilateral Convention with Paraguay regarding International Judicial Assistance, approved
by Act 24,847.
• Bilateral Convention with Paraguay on Letters Rogatory, approved by Act 10,081 and
previous Act 10,080.
• Bilateral Convention with Paraguay on Letters Rogatory, approved by Decree 5749/63.
• Bilateral Convention with Peru regarding Legalisation and Processing of Letters Rogatory,
approved by Act 10,080 and Convention regarding procedural equal treatment and
Letters Rogatory, approved by Act 22,411.
• Bilateral Convention with Uruguay on Legalisation, approved by Act 4,329.
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TRANSMISSION OF LETTERS ROGATORY IN THE REGION
• Bilateral Convention with Uruguay regarding procedural equal treatment and Letters
Rogatory, approved by Act 22,410.
Main local laws and regulations
• Argentine Civil and Commercial Procedural Code – Title III, Chapter V, Article 132 (and
also from Article 517 see Awards Executions).
Bolivia
Bilateral instruments in force in Bolivia
• Bilateral Convention with Argentina regarding the suspension of legalisations on civil or
criminal matters, ratified by Bolivia on 22 August 1912 and in December 1993 as an annex
to the Minute of Exchange of Ratification (Acta de Canje de Ratificación) of 22 December
1993.
• Bilateral Convention with Chile regarding the execution of Letters Rogatory ratified by
Bolivia by means of the Law of 2 December 1937.
• Bilateral Convention with Uruguay regarding the ratification of the Montevideo Treaty on
International Procedural Law of 1889, executed on 27 April 1917.
Main local laws and regulations
• Code on Civil Procedure – Title II, Chapter IV.
• Law of the Judicial Branch No 25 of 24 June 2010.
Brazil
Bilateral instruments in force in Brazil
• Bilateral Convention with Spain regarding judicial cooperation in civil matters, approved
by Decree 166 of 3 July 1991.
• Bilateral Agreement with France regarding judicial cooperation in civil matters, approved
by Decree 3,598 of 12 September 2000.
• Bilateral Treaty with Italy regarding judicial cooperation and recognition and enforcement
of decisions in civil matters, approved by Decree 1,476 of 2 May 1995.
• Bilateral Agreement with Japan regarding Legal Assistance, approved by Exchange of
Notes on 9 September 1940.
• Bilateral Agreement with Portugal, regarding Letters Rogatory, approved by exchange of
notes on 23 and 29 August 1895.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
3
• Bilateral Convention with Argentina regarding judicial cooperation in civil, commercial,
labour and administrative matters, approved by Decree 1,560 of 18 July 1995.
• Bilateral Convention with Argentina on Rogatory Execution, approved by Decree 7,871 of
3 November 1880, and modified by Protocol between Argentina and Brazil, approved by
Decree 40,998 of 22 February 1957.
• Bilateral Convention with Chile regarding Letters Rogatory processing, approved by
exchange of notes on 10 February 1970.
• Bilateral Convention with Peru on Mutual Execution of Letters Rogatory, approved by
Decree 7,852, of 27 December 1879 and modified by Decree 1.395, of 18 May 1983.
• Bilateral Convention with Uruguay regarding judicial cooperation in civil, commercial,
labour and administrative matters, approved by Decree 1,850, of 10 April 1996.
Main local laws and regulations
• Brazilian Constitutional Law, 1988.
• Introduction to Civil Code Law, 1942.
• Brazilian Civil Procedural Code, 1973 – Title V, Chapter IV, section II, Articles 202– 212.
• Brazilian Superior Court of Justice, Resolution No 9, 2005.
• Ministry of Justice and Ministry of Foreign Relations Joint Ministerial Ordinance No 501,
2012.
Chile
Bilateral instruments in force in Chile
• Bilateral Convention with Uruguay regarding Procedural Equality Treatment and Letters
Rogatory, approved by Decree No 286 of Ministry of Foreign Affairs, 19 June 1982.
• Bilateral Convention with Colombia regarding Letters Rogatory and Judiciary Deliveries,
approved by Decree No 642 of Ministry of Foreign Affairs, 17 June 1981.
• Bilateral Convention with Argentina regarding Letters Rogatory processing, approved by
Decree No 92 of Ministry of Foreign Affairs, 19 April 1963.
• Bilateral Convention with Brazil regarding Letters Rogatory processing, approved by
Decree No 214 of Ministry of Foreign Affairs, 12 May 1970.
Main local laws and regulations
• Chilean Code of Civil Procedure, Book I, Title VII, Judiciary measures, section 76.
• Chilean Supreme Court Regulation No 778, dated 13 April 1916.
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TRANSMISSION OF LETTERS ROGATORY IN THE REGION
Colombia
Bilateral instruments in force in Colombia
• Convention on Letters Rogatory and Judicial Dispatch, executed by and between
Colombia and Chile on 17 June 1981: Approved by means of Law 45 of 1987 and ratified
on 27 July 1988.
• Treaty on Judicial Cooperation executed by and between Colombia and Costa Rica on 3
March 1992.
Main local laws and regulations
• Colombian Civil Procedure Code (Articles 35, 36, 193 and 223).
• Colombian General Procedure Code (Article 216).1
Costa Rica
Bilateral instruments in force in Costa Rica
• Treaty on Conciliation, Judicial Settlement and Arbitration between Switzerland and
Costa Rica, approved by Law 3865.
Main local laws and regulations
• Costa Rican Code of Civil Procedure, Law 7130, Title III, Chapter V and VI.
• Law 8687, the Notification Law.
• Organic Law of the Judiciary, Law 7333, Article 141.
Mexico
Bilateral instruments in force in Mexico
There are many bilateral instruments in force in Mexico in connection with Letters Rogatory,
including:
An agreement entered into by and between the United Mexican States and the Kingdom
of Spain, on recognition and enforcement of civil and commercial judicial and arbitration
awards, published in the Official Gazette of the Federation on 5 March 1992.
1
This Article entered into force on 1 January 2014.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
5
Main local laws and regulations
The United Mexican States (Mexico) is a Federal Republic composed of 31 states and a
Federal District; the Political Constitution assigns the federal and local competencies. The
Letters Rogatory are regulated by:
• The Commercial Code (Articles 1071–1074).
• The Federal Civil Procedural Code (Articles 298–302 and from Articles 543–556).
• The Federal Administrative Contentious Procedure Law (Article 73).
• The Civil Procedural Code of each one of the Federal Entities and the Federal District.
Panama
Bilateral instruments in force in Panama
• Panama is not a party to any bilateral instruments regarding Letters Rogatory.
Main local laws and regulations
• Judicial Code: Articles 100.3; 804, 927, 1012, and 1014.
Paraguay
Bilateral instruments in force in Paraguay
• Bilateral Convention with Argentina regarding Dismissal of Legalisations of Letters
Rogatory.
• Complementary Agreement to the International Procedure Assistance, regarding the
cooperation of the Letter Rogatory’s procedure and other documents.
• Bilateral Agreement with Uruguay regarding the International Judicial Assistance.
Main local laws and regulations
• Paraguayan Procedural Code – Title V, Chapter IV, Article 128 and followings.
Peru
Bilateral instruments in force in Peru
• Bilateral Convention with Argentina regarding Letters Rogatory, approved in July 1935.
6
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
• Bilateral Convention with China regarding judicial cooperation in civil, commercial,
labour and administrative matters, approved in March 2008.
• Bilateral Convention with Chile regarding Letters Rogatory, in July 1935.
• Protocol Enforcing Agreement with Brazil on Letters Rogatory in the Amazonia Region,
May 1893.
• Bilateral Convention with Brazil on Mutual Execution of Letters Rogatory, approved in
September 1879.
Main local laws and regulations
• Peruvian Civil Procedural Code – Title IV, Chapter II, Articles 148–154.
• Peruvian Consular Regulations in force by DS 076-2005 RE, modified by DS 091-2011-RE.
Uruguay
Bilateral instruments in force in Uruguay
• Bilateral Convention with Argentina regarding procedural equal treatment and Letters
Rogatory, approved by Act 15,110.
• Bilateral Convention with Argentina on Legalisation of Letters Rogatory, approved by Act
3,163.
• Bilateral Convention with Brazil regarding judicial cooperation in civil, commercial,
labour and administrative matters, approved by Act 16,728.
• Bilateral Convention with Uruguay regarding the ratification of the Montevideo Treaty on
International Procedural Law of 1889, approved by Act 6,189.
• Bilateral Convention with Chile regarding procedural equal treatment and Letters
Rogatory, approved by Act 15,251.
• Bilateral Convention with Paraguay regarding cooperation between Central Authorities,
approved by Act 17, 382.
• Bilateral Convention with Spain regarding judicial cooperation, approved by Act 16,864.
• Bilateral Convention with France regarding judicial cooperation in civil and commercial
matters, approved by Act 17,110.
Main local laws and regulations
• Uruguayan General Procedural Code – Title X, Chapter II, section 526 et seq.
• Uruguayan Supreme Court’s Regulation No. 7765, dated 12 June 2013.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
7
Venezuela
Bilateral instruments in force in Venezuela
• There are no bilateral instruments entered into with any state on this matter.
Main local laws and regulations
• Code of Civil Procedure.
• Private International Law Act.
8
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
2. What is considered as a Letter Rogatory in
your country? Please detail all requirements that
Letters Rogatory should comply with in your
jurisdiction.
Argentina
Letters Rogatory should comply with the following minimum requirements in Argentina to
be considered as such:
• Judicial nature: According to Article 132 of The Procedural Code, Letters Rogatory
are only those communications transmitted between jurisdictional authorities. These
authorities include not only judges from the ordinary judiciary but also administrative
tribunals (such as the Tribunal de lo Contencioso Administrativo).
•Jurisdiction: In order to accept the Rogatory Letter, the requesting authority must have
international jurisdiction to deal with the matter, under Argentine rules of international
law.
•Authentication: In order to ensure authentication of the Letters Rogatory, legalisation is
required (please note Argentina is a party to The Hague Convention 1961 and therefore
the Apostille is a valid legalisation). This requirement is exempted in certain cases, for
example, in the case of courts in border areas (section 7 of the Inter-American Convention
on Letters Rogatory, section 19.4 of the Ouro Preto Protocol) and in case the Rogatory
Letter is transmitted through diplomatic or consular agents or through a central authority.
•Translation: Where the Letter Rogatory is not in Spanish when it is transmitted to
Argentina, it should be translated into Spanish (including all documents attached).
• Compliance with public policy: Article 132 of the Procedural Code contains an exception
to cooperation in the case of a Rogatory Letter that contains a request that may affect
essential principles in which the Argentine legal system is based.
Bolivia
Letters Rogatory are not regulated by Bolivian laws. The Bolivian Code on Civil Procedure
establishes a procedure for the execution of judgments issued abroad, which applies to
Letters Rogatory.
General principles for the execution of judgments issued abroad are:
• judgments and other judicial resolutions issued abroad will have the force established in
applicable treaties in Bolivia;
• if there is no treaty with the country where the judgments are issued, they will have the
same force as those issued locally; and
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
9
• if the judgment is issued in a country where rulings of Bolivian courts are not complied
with, it will not have force in Bolivia.
Besides the principles detailed above, the following rules would also apply to Letters Rogatory:
• Judicial nature: Although there are no express regulations in this respect in Bolivia,
we understand that Letters Rogatory are those resolutions issued as a consequence of
a personal action (related to the compliance of an obligation in Bolivia) or an action
related to an asset located in Bolivia.
•Authentication: In order to ensure authentication of the Letters Rogatory, legalisation is
required (note that Bolivia is not a party to The Hague Convention of 1961 and therefore
the legalisation procedure is followed until the Bolivian Consulate is required).
•Translation: In case the judgment is not in Spanish once transmitted to Bolivia, it should
be translated (including all documents attached). Translation should be made in Bolivia
by a judicial process of translation.
• Compliance with public policy: According to the Code on Civil Procedure, in cases where the
Bolivian authority receiving a judgment considers that it contains a request that may affect
the public order, it may reject cooperation.
• Other requirements:
– The condemned party must have domicile in Bolivia and must be duly summoned.
– The obligation to be complied with under the judgment must be valid under
Bolivian laws.
– The judgment to be executed must not be contraire to local public order.
– The judgment must be final in accordance to the laws where it is issued.
– The judgment must comply with requirements of the place of issuance and with
the authenticity regulations.
– The judgment must not be incompatible with another judgment previously issued
by a Bolivian court.
Brazil
Letters Rogatory should comply with the following minimum requirements in Brazil to be
considered as such:
• Judicial nature: Letters Rogatory are ruling or non-ruling acts transmitted between
jurisdictional authorities that need a court order to be executed (Brazilian Superior Court
of Justice, Resolution No 9, Article 7). These authorities include all those that have the
power to issue a legal order or act. Brazilian authorities are not allowed to consider the
merits of the act.
10
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
•Translation: In case the Letter Rogatory transmitted to Brazil is not sworn translated into
Portuguese, it will be returned in order to comply with this requirement (Ministry of
Justice and Ministry of Foreign Relations Joint Ministerial Ordinance No 501, Article 8);
• Compliance with public policy national sovereignty: Letters Rogatory that do not comply with
these essential principles will be rejected by Brazilian authorities (Introduction to Civil
Code Law, Article 17).
Chile
A Letter Rogatory is a communication delivered by a court to a different territorial
jurisdiction court in order to entrust the performance of a specific measure that requires
judicial intervention.
In Chile, Letters Rogatory can be national or international. National Letters Rogatory are
those addressed among Chilean courts, to performance a specific measure in the territory of
the addressee; and international are those conducted in a foreign or international court, in
order to practice a measure abroad that, if in Chile, should be performed by a court.
International Letters Rogatory must comply with some requirements in order give validity to
the measure in Chile:
• It must be signed, sent and received by a judicial authority: Specifically by a judge, in the case of
single-judge courts, or by the president of the panel, in the case of multi-judge courts, and
in exercise of jurisdictional power. Also, it must be delivered to another judicial authority
that must carry out the measure.
• It must ask for the performing of a specific measure within a legally conducted proceeding: The
Letter Rogatory must request the addressee to perform a specific procedural act. It
cannot contain general terms, but the order to carry out a specific judicial measure, for
example, service of process, witness examination measure, etc. For this objective, it must
contain all the information needed to carry out the measure accordingly. For example, in
the case of service of process, it must contain the identification and address of the person
that must be served, the way of serving and the express authority bestowed, according to
Chilean Procedural Law, to carry out the measure; in the case of witness examination, it
must identify the witness, the points of proof on which the witness will be questioned, and
then bestow all necessary authority for the successful performance of the measure.
Colombia
Under Colombian law, a Letter Rogatory is the petition made by a Colombian or a foreign
authority to its counterpart in another country or in Colombia, respectively, requesting a
particular judicial proceeding be conducted (for instance the collection of evidence).2
2
International Judicial Cooperation Guide, Colombian Ministry of Foreign Affairs, October 2009.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
11
According to Colombian law, the following are the requirements that Letters Rogatory must
meet:
• The Letter must be issued by the competent judicial authority of the requesting state, duly
identified.
• It shall be written, except for in urgent situations allowed by the requested state, in which
case a written ratification will always be necessary.
• It shall be translated into the official language of the requested state.
• It shall be legalised or apostilled, as applicable.
• It shall attach the relevant information and documents that support the request.
• It shall identify the requested court, the place where the proceeding is to be conducted,
the description of the proceeding and the period within which it shall be held.
Costa Rica
In Costa Rica, Letters Rogatory should fulfil the following requirements:
• Judicial nature: The Costa Rican Code of Civil Procedure does not provide a precise
definition of what constitutes a Letter Rogatory. However, the General Secretariat of
the Supreme Court has issued administrative orders that establish guidelines and rules
concerning this matter, and have defined a Letter Rogatory as a judicial diligence or
communication exchanged between jurisdictional authorities, requesting cooperation in
procedural acts of a formal nature. Examples include: services of process, summonses
or subpoenas abroad. Also, a Letter Rogatory may contain instructions for the taking of
evidence and the obtaining of information abroad.
Additionally, the Inter-American Convention on this matter defines a Letter Rogatory
as a document issued in civil and commercial matters that are held before a judicial or
other acceptable authority.
•Authentication: Letters Rogatory must be legalised in order to be valid in Costa Rica. Costa
Rica is a signatory of The Hague Convention of the Apostille, so documents may be
legalised through that procedure when sent by authorities in other signatory countries.
Alternatively, they must be legalised by Costa Rican diplomatic or consular offices abroad.
•Translation: According to the Inter-American Convention on Letters Rogatory, Letters
Rogatory must be translated into Spanish.
Mexico
According to the Mexican legal dictionary, Letters Rogatory are: ‘The written communications
directed from a judge to another judge that belongs to a different territorial competence,
12
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
to ask for its collaboration, as long as both are on the same or equivalent hierarchical level’.3
Letters Rogatory requirements:
• Shall be legalised or apostilled, as applicable.
• Shall be translated into the official language of the requested state.
• Shall comply with Mexican public policy and not infringe the fundamental rights.
• Shall attach the relevant documents supporting the requested diligence.
• Shall identify the requestor court; the place where the diligence shall take place; the
description of the diligence; and the period of time within which the diligence shall be
practiced.
• If the Letter Rogatory implies coercive execution on individuals, property or rights, it
shall require the exequatur of the ruling (that is, the recognition and enforcement of the
foreign judgment).
Panama
The Panamanian Code of Civil Procedure does not provide a specific definition for Letters
Rogatory. However, the term Letters Rogatory is understood in Panama, in consideration of
its purpose, as provided by Article 2 of the Inter-American Convention on Letters Rogatory, as
being a petition received from a foreign court in connection with civil or commercial matters,
and even criminal matters (however, the Panamanian Supreme Court has indicated the InterAmerican Convention is limited to commercial and civil matters), whereby the Panamanian
courts are required to either (i) effect service of process or notices, or (ii) to take evidence,
in connection with the foreign judiciary proceedings, within Panamanian jurisdiction. It is
not necessary for a treaty to be in place in order for Panama to process and grant assistance
in connection with a Letters Rogatory, provided that there is reciprocity with the requesting
jurisdiction.
Letters Rogatory must comply with the minimum following requirements in Panama to be
processed and considered for admission:
• Judicial nature: The request must be of judicial nature, or in connection with judicial
proceedings within the requesting jurisdiction.
•Authentication: Legalisation either by the Panamanian Consulate or through the Hague
Convention of 1961 is required. This requirement is exempted in certain cases, for
example, in the case of courts in border areas (sections 6 and 7 of Inter-American
Convention on Letters Rogatory,) and in case the Rogatory Letter is transmitted through
diplomatic or consular agents or through central authorities.
3
The Mexican Legal Dictionary, Volume VI, page 164 (Diccionario Jurídico Mexicano, Tomo VI, página
164).
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
13
• Translation: A Spanish translation of all documents submitted with the Letters Rogatory
application has to be provided.
• Compliance with public policy: The Fourth Chamber of the Supreme Court of Justice can
refuse to grant and process a Letters Rogatory if its compliance would result in a breach
of Panamanian public policy or mandatory provisions of the law (see Article 17 of the
Inter-American Convention).
Paraguay
A Letter Rogatory is a written communication sent by one jurisdictional authority to another
jurisdictional authority of a different country (or vice-versa), requesting his/her collaboration
in the performance of a measure within a legal process; or to inform the foreign authority of
a certain judicial decision.
In the case of Letters Rogatory received from foreign authorities where no international
treaties between these countries exist, the following conditions will be requested:
•Authentication/legalisation: In order to ensure authentication of the Letters Rogatory,
legalisation is required (please note that Paraguay has not ratified The Hague Convention
therefore the Apostille is not a valid legalisation). This requirement is fulfilled by the
diplomatic or consular agents of the sender authority. However, this requirement is
exempted in certain cases, for example, in the case of courts in border areas (section 7
of Inter-American Convention on Letters Rogatory, section 19.4 of Ouro Preto Protocol)
and in case the Rogatory Letter is transmitted through diplomatic or consular agents or
through central authorities; this requirement is fulfilled by the diplomatic or consular
agents of the sender authority.
• Service of process: The service of process of the Letters Rogatory should be made in
accordance to the laws of the sender authority (which is a consequence of the ‘lex fori’
rule that governs the subject).
• Designation of the responsible person: A Letter Rogatory must contain the name of the
responsible person in charge of its service of process. This person should pay the judicial
fees and other expenses.
• Translation: The Letters Rogatory should be translated by a public translator to the official
language of the receiver, which is Spanish. The translation should be made in Paraguay by
a Paraguayan public translator.
Peru
The Letters Rogatory requirements depend on the regulation of the pertinent treaty.
Nevertheless, they are very likely to be the following:
• Judicial nature: Letters Rogatory are understood by Peruvian law as the request of a judge
requesting a specific matter outside of his or her jurisdiction.
14
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
•Authentication: In order to ensure authentication of the Letters Rogatory, legalisation is
required (Peru is a member of The Hague Convention 1961 and therefore the Apostille
is a valid legalisation). This requirement is exempted in certain cases, for example, in
the case of courts in border areas and in case the Letter Rogatory is transmitted through
diplomatic or consular agents or through central authorities (Articles 6 and 7 of the InterAmerican Convention on Letters Rogatory).
• Copies of the pertinent documents: The Letter Rogatory should attach the pertinent documents
referred thereto, such as the copy of the motion and rulings by which the Letter Rogatory
was issued.
•Translation: In case the Letter Rogatory and attached documents are not in Spanish,
they should be translated prior to the delivery to Peruvian authorities. If the Peruvian
authorities are the ones sending the Letter Rogatory to a country with a different official
language, the Letter Rogatory and attached documents should be translated into the
official language of the requested party.
• Compliance with public policy: According to Article 5 of the Inter-American Convention on
General Rules of Private International Law, it should be understood that the international
public order exception applies when essential principles on which the Peruvian legal
system is based are manifestly and severely breached. In cases where the Peruvian
authority receiving a Letter Rogatory considers that it contains a request that may affect
these essential principles, it may reject cooperation.
Uruguay
Letters Rogatory should comply with the minimum following requirements in Uruguay to be
considered as such:
• Judicial nature: Despite there being no express regulations in this respect, Uruguayan
legal authors agree that Letters Rogatory are only those communications transmitted
between jurisdictional authorities. These authorities include not only judges from the
ordinary judiciary but also administrative tribunals (such as the Tribunal de lo Contencioso
Administrativo).
•Authentication: In order to ensure authentication of the Letters Rogatory, legalisation is
required (please note Uruguay is a party to The Hague Convention 1961 and therefore
the Apostille is a valid legalisation). This requirement is exempted in certain cases, for
example, in the case of courts in border areas (section 7 of Inter-American Convention
on Letters Rogatory, section 19.4 of Ouro Preto Protocol) and in case the Rogatory Letter
is transmitted through diplomatic or consular agents or through central authorities.
•Translation: In case the Letter Rogatory is not in Spanish, once transmitted to Uruguay it
should be translated into Spanish (including all documents attached). Translation should
be made in Uruguay by a Uruguayan public translator (Act 15,441).
• Compliance with public policy: According to the declaration made by Uruguay when
approving the Inter-American Convention on General Rules of Private International
Law, it should be understood that the international public order exception applies when
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
15
essential principles in which the Uruguayan legal system is based are manifestly and
severely breached. In cases where the Uruguayan authority receiving a Letter Rogatory
considers it contains a request that may affect these essential principles, it may reject
cooperation.
Venezuela
In general terms, a Letter Rogatory is considered the means of communication between a
foreign and a local judge for the conduct of a certain procedural act (after meeting certain
requirements).
For a Letter Rogatory to be effective, it must be legalised (which implies an Apostille, since
Venezuela is a party to The Hague Convention of 1961) and duly translated into Spanish by
a public translator.
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3. Which documents/information should be
provided with the Letter Rogatory?
3.1. In all those countries in which Inter-American Conventions were ratified (please refer
to Annex 1), their requirements shall apply in this respect. Please find below a summary of
most relevant requirements.
It depends on the nature of the measure requested in the Letter Rogatory. However, in
accordance with Article 8 of the Inter-American Convention on Letters Rogatory, at least the
following documents/information must accompany the Letter Rogatory:
• authenticated copy of the complaint/request with its supporting documents, and of other
exhibits or rulings that serve as the basis for the measure requested;
• written information identifying the authority issuing the letter, indicating the time limits
allowed for the person affected to act upon the request, and warning of the consequences
of failure to do so; and
• where appropriate, information on the existence and address of the court-appointed
defence counsel or of competent legal-aid societies in the state of origin.
In case the Letter Rogatory contains a request for the taking of evidence or the obtaining of
information (Article 4, Inter-American Convention on Taking of Evidence Abroad – CIDIP
I), it shall specify the information needed for fulfilling the request:
• a clear and precise statement of the purpose of the evidence requested; • copies of the documents and decisions that serve as the basis and justification of the
Letter Rogatory, as well as such interrogatories and documents as may be needed for its
execution;
• 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;
• a summary report on the proceeding and the facts giving rise to it, if needed for the taking
of the evidence; and
• a 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).
In case the Rogatory Letter requests for a preventive measure (Article 15, Inter-American
Convention on Execution of Preventive Measures – CIDIP II) it shall also include information
concerning procedural rules, which may establish any special procedure that the court of the
state of origin may request the Uruguayan authority to follow. Pursuant to Article 3 of the Additional Protocol to the Inter-American Convention on Letters
Rogatory, the letters shall attach the following documents:
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
17
• A copy of the complaint or the petition that initiated the procedure where the Letter
Rogatory was issued, and its translation into the language of the requested state.
• An untranslated copy of the documents attached to the complaint or request.
• An untranslated copy of the rulings ordering the issuance of the Letter Rogatory.
• An application form completed pursuant to Standard Form B of the Protocol, with
the essential information of the person or authority to whom the documents shall be
delivered.
With respect to Venezuela, it is important to observe that in its specific case, if Letters
Rogatory are transmitted requesting the production and transcription of documents in the
country, such Letters Rogatory shall only be processed if (in addition to complying with the
provisions under Article 16 of the Additional Protocol to the Inter-American Convention
on Taking of Evidence Abroad) the relationship between the evidence or the information
requested and the pending proceedings is identified, in view of the reservation taken by
Venezuela in respect of said article.
3.2. Some specific local requirements in this respect are the following:
Bolivia
According to the Code on Civil Procedure, the judgment to be enforced must be contained
in a public deed duly legalised by the Bolivian Ministry of Foreign Affairs for later filing with
the Supreme Court of Justice. Such deeds should include also an authenticated copy of the
complaint/request and supporting documents, exhibits or rulings that serve as the basis for
the measure requested; as well as written information identifying the authority issuing the
letter, indicating the time limits allowing the person condemned to act upon the request, and
warning of the consequences of failure to do so.
Note that there are no internal regulations in order to apply these requirements, although
we understand that in order to comply with the Protocol, the documents must be considered
when filing a Letter Rogatory.
Chile
The Chilean Code of Civil Procedure, section 71, establishes that a Letter Rogatory must
contain the following information:
• identification of the issuer court;
• identification of the addressee court;
• identification of the measure, with specification of the persons intervening and the
powers bestowed for the proper performance of the procedural act; and
• all the documents, writs, resolutions and decrees necessary to better understand and
perform the measure.
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TRANSMISSION OF LETTERS ROGATORY IN THE REGION
Specifically regarding this last requirement, it is important to send, with the Letter Rogatory,
a copy of all the documents that form part of the proceedings and that should be useful or
necessary for the affected person to understand the measure. For example, if the measure is a
service of process, it must contain not only the first resolution of the proceedings but also the
writ of the complaint and the documents attached to it; in the case of a witness examination
measure, it must contain not only the list of points that are the subject of evidence, but also
the complaint, the response to the complaint and all the documents of the proceedings that
could help the addressee to carry out a valid and useful measure.
Taking into consideration that the procedural law for the performance of certain measures
can be different from one country to the other, it is very important to specify the powers and
the ways in which the measure may be validly carried out according to Chilean law. Regarding
this, the parties of a foreign procedure can give the power of attorney to a Chilean counsel to
manage and track the measure in Chile.
Costa Rica
According to the Costa Rican Code of Civil Procedure, in order to be valid, a Letter Rogatory
must contain the name of the officer that issues the request, the name of the officer it is
addressed to, the method of transmission (ie, email, certified mail, fax) and the number of
pages and exhibits contained.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
19
4. How can Letters Rogatory be transmitted?
Please specify all steps and procedures to be
followed in your country in order to process
a Letter Rogatory.
Argentina
Letters Rogatory may be transmitted to the Argentine authority by the interested parties
through diplomatic or consular agents, or the central authority.
The most common way of transmission of Letters Rogatory in Argentina is through the
central authority.
The contact details of the Argentine central authority are as follows:
Dirección de Asistencia Jurídica Internacional – DAJIN, Ministerio de Relaciones Exteriores
y Culto (Office of International Assistance, Legal Affairs Department, Ministry of Foreign
Affairs and Worship)
Esmeralda 1212, Floor 4º, Of 402, Buenos Aires, Argentina
Telephone: +54 (11) 4819 7385
Fax: +54 (11) 4819 7353
E-mail: [email protected]
Once the letter is received by the central authority in Argentina, a report is prepared by this
authority, analysing all legal requirements for the Letter to be processed, then it is sent to the
competent court (which shall be determined according to a random system depending on
the Letter’s date). The central authority’s report is not binding on the judge.
Bolivia
The Law of the Judicial Branch establishes that the Supreme Court of Justice has the capacity
to approve judgments issued by foreign courts for their validity and execution in Bolivia and
accept or reject the Letters Rogatory issued by foreign authorities.
Letters Rogatory must be legalised in the country of origin and then filed with the Ministry of
Foreign Affairs for local legalisation. Once the legalisations have been verified by the Unity of
International Judicial Affairs, the Letters Rogatory are sent to the Supreme Court of Justice
for their admission and processing.
Once the request and the deed, including all relevant documentation, are presented to
the Supreme Court of Justice, the party against whom the execution is requested will be
summoned in order to explain what they may deem convenient, within ten days. With
or without such an explanation, the court will rule on whether the judgment should be
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TRANSMISSION OF LETTERS ROGATORY IN THE REGION
complied with or not. The court may also establish a proof period before such rulings in the
time and procedure established by the Code on Civil Procedure. If the court considers that
the judgment should be complied with, it will instruct inform the court or judge that would
have processed the action at its first stage in Bolivia.
In order to comply with the summoning or citations requested by foreign courts through
Letters Rogatory, an exequatur from the Supreme Court of Justice is not required and the
Letter (duly legalised) may be presented to the judge, who must comply with the ruling.
Brazil
The Brazilian Civil Procedure Code, Article 210, provides that Letters Rogatory must be
transmitted through diplomatic channels if the state of origin has not signed any multilateral
or bilateral treaty with Brazil regarding the matter. If there is a multilateral or bilateral treaty
signed, the Letter Rogatory should be transmitted through the Brazilian central authority
(Decree No 6,061/2007) if the treaty establishes that is the case. The Department of Assets
Recovery and of International Jurisdictional Cooperation of the Ministry of Justice has been
appointed as the Brazilian central authority by Decree No 6,061/2007.
Contact details of the Brazilian central authority are as follows:
Departamento de Recuperação de Ativos e Cooperação Jurídica Internacional – DRCI
Coordenação-Geral de Cooperação Jurídica Internacional – CGCI
SCN Quadra 06, Edifício ID, Bloco A, 2º andar
CEP 70.716-900, Brasília/DF, Brazil
Telephone: +55 (61) 2025-8900
Fax: +55 (61) 2025 8915
E-mail: [email protected]
Website: www.mj.gov.br/cooperacao
Through the website of the Ministry of Justice, it is possible to find models of forms to request
the transmission of the Letter Rogatory.
In cases where the Letter is received by the Brazilian central authority, a report is prepared by
this authority that analyses all legal requirements for the Letter to be processed. If the Brazilian
central authority finds that the Letter lacks any document or information, it is returned to
the central authority of origin to provide the determined document or information.
If all requirements are found, the Letter is sent to the Superior Court of Justice for analysis
and then granting of exequatur. If the exequatur is granted, the letter is sent to a federal
court (which shall be determined according to a random system) to be enforced (Brazilian
Superior Court of Justice, Resolution No 9, Article 13).
In case of transmission via diplomatic or consular agents, the Letter Rogatory will be received
by the Brazilian Ministry of Foreign Affairs and this, in turn, shall transmit it to the Brazilian
Superior Court of Justice.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
21
Chile
Letters Rogatory must be transmitted by the issuer court to the Supreme Court, which must
verify the compliance of the requirements specified in sections 71 and 76 of the Code of
Civil Procedure. Once the Letter Rogatory enters the Supreme Court, it is reviewed by
the court prosecutor, who must issue a brief to the Civil Chamber of the Supreme Court
(or the Criminal Chamber in case of extradition requests), recommending the delivery or
the rejection of the Letter Rogatory. Thereafter, the Chamber must decide if the letter is
delivered or rejected. In case of rejection, it is sent to the issuer court in order to amend it
according to law.
In case it is approved, it is delivered by the Supreme Court to the Ministry of Foreign Affairs,
which will translate it, if necessary, and send it via diplomatic channels to the Chilean embassy
or consulate in the delivery nation, which must handle the request in order to send it to the
competent court. When received back by the embassy or consulate, it is sent to the Ministry
of Foreign Affairs of Chile, who will send it directly to the issuer court.
Colombia
Pursuant to Article 4 of the Inter-American Convention on Letters Rogatory, the transmission
of the Letters Rogatory can be performed by consular or diplomatic agents, or by the central
authority of the requested state or the requesting state, as applicable.
If the Letters Rogatory are transmitted by the consular or diplomatic agents, or the central
authority, according to Article 6 of the Convention above mentioned, it is not necessary to
legalise them.
Under the same understanding, the courts located in the border areas of the States Parties
are allowed to transmit the Letter Rogatory with no prior legalisation.
In any case, if a Letter Rogatory is sent under the Inter-American Convention on Letters
Rogatory through an embassy duly accredited before the Colombian government (the
‘Embassy’) or under any other treaty or convention, the Direction of Migration and Consular
Matters and Citizen Services of the Ministry of Foreign Affairs (the ‘Ministry’), as central
authority, receives it and reviews it to determine if it meets the requirements set forth in the
Convention for this kind of document.
Once the request is approved, the Ministry defines: (i) the place where the procedural act
is supposed to be performed; and (ii) the competent authority to perform the act (this
authority must be of the same hierarchy as the requesting authority).
Once the competent authority is determined, or if there is only one competent authority,
the Ministry remits the Letter Rogatory to that authority, otherwise it is remitted to the
corresponding delivery office that finally appoints the competent authority.
At this stage, the Ministry informs the steps that have been taken to the Embassy, and once
the procedure is completed, the result is sent back by the Ministry to the Embassy for the
Embassy to remit it to the requesting authority.
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TRANSMISSION OF LETTERS ROGATORY IN THE REGION
Costa Rica
According to the Inter-American Convention on Letters Rogatory, these documents may be
transmitted to the required authority by the interested parties, through judicial channels,
diplomatic or consular agents, or the central authority.
In Costa Rica, Letters Rogatory must be channelled through the General Secretariat of the
Supreme Court after they have been legalised or apostilled. If the Letter Rogatory is sent
directly to a particular court, via private transmission, the court must first forward it to the
General Secretariat of the Supreme Court for initial review.
Contact information for the Costa Rican General Secretariat of the Supreme Court:
Secretaría General de la Corte Suprema de Justicia
Edificio de Tribunales de Justicia
Calle 21, Entre Avenidas 6 y 8
San José, Costa Rica
Telephone: +506 2295 3000
Website: www.poder-judicial.go.cr/secretariacorte/
Mexico
In Mexico, international Letters Rogatory can be transmitted directly or indirectly.
Direct transmission between courts
The Letters Rogatory can be transmitted between courts, complying with the local laws and
regulations (please see requirements described in question number 2).
Courts located in the border areas of the States Parties of the Inter-American Convention on
Letters Rogatory (Article 7 of the Convention) are allowed to transmit the Letters Rogatory
to other courts located thereto, without legalisation.
Indirect transmission through third parties:
The Letters Rogatory can be transmitted through the interested parties (individuals), the
Central Authority of each state or the diplomatic or consular agents.
In terms of Article 6 of the Inter-American Convention on Letters Rogatory, if the letters
are transmitted through the central authority or the diplomatic or consular agents, the
legalisation of the Letter Rogatory is not necessary.
The central authority designated by the United Mexican States is the Ministry of Foreign
Affairs. For further information, please visit: www.sre.gob.mx/index.php/tramite-de-unexhorto-o-carta-internacional.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
23
Panama
Generally Letters Rogatory are sent by the requesting authority to the Ministry of Foreign
Affairs of the Republic of Panama (Chancellery), to the attention of the Consular and
Legalisations Division, or the Juridical Matters and Treaties Division. The Ministry of Foreign
Affairs will then send the Letters Rogatory to the Fourth Chamber of the Supreme Court of
Justice, responsible for analysing, and then either granting or rejecting the petition.
If the Letters Rogatory is granted, then the Fourth Chamber of the Supreme Court of
Justice shall instruct its secretary to practice the requested petitions (ie, serve the defendant,
take evidence) or will appoint the proper authority (eg, the Attorney General, if it relates
to criminal prosecution, commission a court in the relevant province) to comply with the
request.
Contact details for the Ministry of Foreign Affairs of the Republic of Panama:
Address: San Felipe, 3rs Street, Bolívar Palace, Panama City
Postal Zone: San Felipe, 3rd Street, Palacio Bolívar, Building No 26, Panama 4,
Republic of Panama
Telephone: +507 511 4100 / +507 511 4200
Fax: +507 511 4022
In special multilateral or bilateral treaties, it may occur that the Letters Rogatory will be sent
directly to the Panamanian court or prosecution office (in criminal matters).
Paraguay
According to Law No 613/1976, which approves and ratifies the Inter-American Convention
on Letters Rogatory, Letters Rogatory may be transmitted to the Paraguayan authority by the
interested parties through judicial channels, diplomatic or consular agents, or the central
authority.
Procedure to deliver a Letter Rogatory to a foreign country
In Paraguay, a specific proceeding for requesting Letters Rogatory (in civil and commercial
matters) exists that must be followed:
• The interested party shall request the Letter Rogatory to the appropriate court. The court
is in charge of preparing and issuing the Letter Rogatory, whereby it must establish:
– the name of the judge requesting the Letter Rogatory specifying the court
number and location;
– the number of the file, literal transcription of the court order that establishes the
request of the Letter Rogatory and the measure being requested (all details); and
– the court being requested and the country to which it belongs, as well as the
address where the respective measure shall be performed.
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TRANSMISSION OF LETTERS ROGATORY IN THE REGION
• In the case of transmission of a claim, certified copies of the same must be attached. If
the country to which the Letter Rogatory is not a Spanish-speaking country, it must be
accompanied by the corresponding translation (by a Paraguayan public translator).
• Once the court prepares the Letter Rogatory, it shall be sent jointly with a note to the
Office of International Affairs dependent of the Supreme Court of Justice requesting its
processing.
Contact details of the Office of International Affairs are as follows:
Dirección de Asuntos Internacionales de la CSJ
Address: Calle Alonso esq Calle Testanova, 8º Piso (Torre Norte), Asunción
Telephone: +595 (21) 481 260, Ext 3835–3838
E-mail: [email protected]
The Office of International Affairs will direct the Letter Rogatory to the appropriate central
authority – in this case the Legal Department of the Paraguayan Chancery – which in turn will
forward it to the central authority of the requested country for the corresponding process.
Contact details of the Legal Department of the Paraguayan Chancery:
Dirección de Asuntos Legales
Address: Palma y 14 de Mayo ‘Palacio Benigno López’, Asunción Telephone: +595 (21) 493 928, +595 (21) 493 902, +595 (21) 445 536
Procedure to locally execute a Letter Rogatory issued by a foreign country
The Letter Rogatory should be sent to the Ministry of Foreign Affairs in Paraguay, which
in turn will transmit it to its Department of Legal Matters. This authority will confirm
compliance of all legal requirements for the letter to be processed. Before sending it to
Paraguay, the Letter Rogatory must be duly legalised and notarised by the closest Paraguayan
Consulate of the state that issued it.
Afterwards, it will be sent to the competent authority, which in cases of judicial matters is the
Office of International Affairs dependent of the Supreme Court of Justice (please see above for
contact information).
The Office of International Affairs is in charge of sending the Letter Rogatory to the relevant
court/judge with jurisdiction over the requested matter. The judge will act in accordance
with Article 129 of the Paraguayan Civil Procedural Code.
Peru
Letters Rogatory may be transmitted to the Peruvian authority by the interested parties,
through diplomatic or consular agents, or through the central authority. The most common
way of transmission of Letters Rogatory is through the central authority, which in Peru
happens to be the Ministry of Foreign Affairs.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
25
Contact details of Peruvian Ministry of Foreign Affairs are as follows:
Address: Jiron Lampa 545, Lima 1, Peru
Telephone: +51 1 204 2400.
Once the Letter is received by the Ministry of Foreign Affairs in Peru, this authority will
confirm compliance analysing all legal requirements for the letter to be processed, and then
it will send it to the competent authority. Regarding judicial matters, the document will be
passed to the presidency of the relevant court and then to the court/judge with jurisdiction
over the requested matter. Where more than one judge has jurisdiction, the appointment
will be arranged randomly. The Peruvian legal system does not allow Letters Rogatory to
be transmitted via judicial channels. The letters must be received by the Ministry of Foreign
Affairs in Peru and this, in turn, shall transmit it to the pertinent judicial authorities.
Private transmission of Letters Rogatory is not a standard practice in Peru, but it is allowed by
applicable laws and treaties, unless bilateral agreements in force with the recipient country
specifically forbid it.
Once the Letter Rogatory is received by the competent judge, he or she will make a
request – to confirm that the minimum legal requirements are complied with – prior to the
performance of the specific measure requested in the Letter Rogatory.
Uruguay
Letters Rogatory may be transmitted to the Uruguayan authority by the interested parties,
through judicial channels, diplomatic or consular agents, or the central authority.
The most common way of transmission of Letters Rogatory in Uruguay is through the central
authority. By Decree No 95/96 (dated 12 March 1996) the Direction of Legal International
Cooperation and Justice of the Ministry of Culture has been appointed as the central
authority in Uruguay. Most of the Letters Rogatory transmitted through the Uruguayan
central authority involve Argentina and Brazil (95 per cent), followed by Chile, Paraguay
and Ecuador.
Contact details of the Uruguayan central authority are as follows:
Autoridad Central de Cooperación Jurídica Internacional
Reconquista 535, floor 5º, Montevideo, Uruguay
Telephone: +598 2915 0103 / +598 2915 0203
Once the letter is received by the central authority in Uruguay, a report is prepared by this
authority, analysing all legal requirements for the Letter to be processed, and then it is sent
to the competent court (which shall be determined according to a random system depending
on the Letter’s date). The central authority’s report is not binding on the judge.
In case the Letter Rogatory is transmitted via judicial channels – implying a direct
communication between judicial authorities – the communication should be addressed
directly to the Uruguayan Supreme Court, which shall be in charge of them transmitting it
to the competent ordinary judge. In case of transmission via diplomatic or consular agents,
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TRANSMISSION OF LETTERS ROGATORY IN THE REGION
the Letter Rogatory will be received by the Ministry of Foreign Affairs in Uruguay and this, in
turn, shall transmit it to the Uruguayan Supreme Court.
Private transmission of Letters Rogatory is not a standard practice in Uruguay, but it is
allowed by applicable laws. In this case, once the Letter Rogatory arrives (duly legalised and
complying with all formalities), the interested party shall submit it before the Uruguayan
Supreme Court, which shall be in charge of appointing the competent ordinary judge.
Once the Letter Rogatory is received by the competent judge, the public prosecutor shall
issue a report – confirming if the minimum legal requirements are complied with – prior to
the judge’s decision regarding the specific measure requested in the Letter Rogatory.
Venezuela
Letters Rogatory may be transmitted to the appropriate body by the interested parties
themselves, through judicial channels, diplomatic or consular agents, or the central authority
of the petitioning state or state of destination, as the case may be.
The most common way of transmission of Letters Rogatory in Venezuela is through the
central authority, which in this specific case is the Ministry of Foreign Relations.
Contact details of Venezuelan central authority are as follows:
Ministerio de Relaciones Exteriores, Oficina de Relaciones Consulares.
Avenida Urdaneta, Edificio Ministerio de Relaciones Exteriores, Caracas, Venezuela
Telephone: +58 212 806 4400
Once the letter is received by the central authority in Venezuela, this authority verifies
compliance of the legal requirements for the letter to be processed, and then the letter is sent
to the Directorate of Justice, Religious Institutions and Affairs of the Ministry of the Interior
and Justice, which in turn forwards the same to the competent courts.
It is important to note that the private transmission of Letters Rogatory is not a standard
practice in Venezuela, but it is allowed provided that the Letter Rogatory arrives duly legalised
and complies with all the formalities. It is frequently used to serve summons or process; and
proceedings may be conducted before the courts or notary offices.
Once the Letter Rogatory is received by the competent judge, the latter takes cognisance
of the same and orders forthwith the accomplishment of all the proceedings that may be
necessary for the execution of the Letter Rogatory. It is necessary for the party interested in
processing the Letter Rogatory, or their attorneys, to provide evidence of their capacity, as the
case may be, for the payment of any expenses which must be incurred.
Once the Letter Rogatory has been executed, the court will order the results to be forwarded
to the Directorate of Justice, Religious Institutions and Affairs of the Ministry of the Interior
and Justice, which will in turn forward them to the Ministry of Foreign Relations.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
27
5. Are there any mandatory terms for the
authorities involved (judges, central authority,
etc) to decide? If so, are there any sanctions if
those terms are not accomplished?
Argentina
There are no specific terms to process the request.
Bolivia
There are no regulations on the matter. In accordance to general practice, the Letters
Rogatory will be processed in the order that they are received by the Supreme Court of
Justice. In general, the interested party must do the follow-up; the court does not control the
compliance of the requests.
Brazil
In Brazil, there are no mandatory items to process the request. However, the scheduling of
judgment by the federal court must not be after 180 days from the receiving of the Letter
Rogatory (Ministry of Justice and Ministry of Foreign Relations Joint Ministerial Ordinance
No 501, Article 7). Also, once the Letter Rogatory has been enforced by the federal court
and returned to the Superior Court of Justice, this court must send it to the authority of
origin within ten days (Superior Court of Justice, Resolution No 9, Article 14). There are
no sanctions if those terms are not complied with, however the interested party can appeal
any decisions granted by the Brazilian authority (Superior Court of Justice, Resolution No
9, Article 11).
Chile
There are no terms for the process of the request. In fact, there are no special rules regarding
this matter. Section 76, paragraph 3 of the Code of Civil Procedure specifies: ‘the same
channel and steps will be taken to receive the communications from foreign courts to carry
out measures in Chile’. This means that they are sent to the Supreme Court, which will
distribute them among the competent courts. Regarding civil procedure Letters Rogatory, an
attorney must be appointed to handle them in Chile. In the case of criminal, family or labour
jurisdiction Letters Rogatory, they are handled ex officio by the competent court.
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TRANSMISSION OF LETTERS ROGATORY IN THE REGION
Colombia
Colombian law does not include any mandatory term within which the requested authority
shall decide the scope of the Letter Rogatory.
The only case of sanction is found in Article 36 of the Colombian Civil Procedure Code,
according to which, if a Colombian consular or diplomat agent delays the compliance of
the commission abroad, he or she will be sanctioned with a fine of between two and five
minimum monthly wages. Nonetheless, this provision does not apply to Letters Rogatory to
be conducted in Colombia by Colombian authorities.
Costa Rica
Costa Rican law does not provide a specific term to execute the request contained in a Letter
Rogatory, nor are there sanctions if such request is not executed within a given timeframe.
Mexico
Pursuant to Article 300 of the Federal Civil Procedural Code, Letters Rogatory shall be
delivered within three days following their reception and shall be served within the following
five days thereafter, unless the diligence that shall be practised necessarily requires additional
time, in which case, the requested court shall fix the time it deems appropriate for the
diligence that shall be practised.
Pursuant to Article 73 of the Federal Administrative Procedure Law, Letters Rogatory shall be
delivered within the following day of their reception and shall be served within the following
three days thereafter, unless the diligence that shall be practised requires additional time, in
which case, the requested court shall establish the time it deems appropriate for the diligence
to be practised.
Panama
There are no specific mandatory terms to process the Letters Rogatory request.
Paraguay
There are no mandatory terms explicitly established for Letters Rogatory. However, the
Office of International Affairs, as the authority responsible for receiving and processing the
Letter Rogatory, will have a detailed record to cross-check compliance with the deadlines
established by national laws and international agreements.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
29
Peru
In procedural matters the terms only serve as reference. There are no mandatory terms or
sanctions imposed as a result of non-compliance of terms. However, every public authority
(such as a judge) is tied to a supervision/control organism in case he or she enters into
functional misconduct.
Uruguay
There are no specific terms to process the request. However, according to Regulation No
7507 dated 16 April 2004 of the Supreme Court, Letters Rogatory received from abroad,
with international judicial cooperation requests, should receive preferential treatment when
processed. Any action or omission resulting in unjustified delays in the processing of a Letter
Rogatory is considered as serious misconducts of the responsible official. Every 90 days, and
until the Letter Rogatory is not returned to the requesting judge, the Supreme Court controls
the proceedings by requesting the competent judge supply information regarding its status.
In case the Letter Rogatory is processed through the central authority, once it is received by
the competent judge, the Supreme Court should be informed of its status every two months.
Venezuela
There are no specific terms to process the request. However, Letters Rogatory received
from abroad, with international judicial cooperation requests, should receive preferential
treatment when processed.
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6. In practice, how long does the whole
proceeding take?
Argentina
Once the letter is received by the central authority in Argentina, it is transmitted to the
judiciary in less than two weeks. The time required to accomplish the execution of the Letters
Rogatory by the judge depends on the nature of the request. According to the Argentine
central authority, it takes approximately eight months to finish the execution of the Letters
Rogatory through their office in Argentina, depending on its complexity. In the case
of measures of a merely formal nature, such as service of process in general, the time to
accomplish the whole proceeding is less.
Bolivia
There is no timeframe legally established and there are no registries that may indicate the
time to process the requests. On average, one year is the time it will take for a Letter Rogatory
to be processed.
Brazil
The time required to accomplish the transmission and execution of the Letters Rogatory
once it arrives in Brazil depends on the countries involved and the nature of the request.
According to the Brazilian central authority, it takes around six months to finish the
transmission and execution of the Letters Rogatory. However, it may take up to two years
depending on its complexity.
Chile
Regarding Letters Rogatory delivered from Chile, the procedure may take between three to
four months since they are delivered to the Supreme Court, especially since this court and
the public prosecutor that must be informed of the procedure both take time in deciding
the deliverance of the Letter. In the Ministry of Foreign Affairs, the measure does not take
more than two weeks for its dispatch. We should also add the normal time of delivery to the
competent country and the time taken abroad to perform the measure.
In the case of Letters Rogatory delivered to the Chilean authority, a distinction should be
made depending on the competent court. In case it is carried out by a civil court, it could take
two to four months. In the case of criminal, family and labour courts, the procedure can take
no more than two to four weeks because these courts act ex officio and, in case of criminal
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
31
and family courts, have judges specially committed to the performance of Letters Rogatory,
giving speed to the procedure.
Colombia
Taking into account that the proceeding depends on the conditions, such as availability and
congestion, of the central authority – the Colombian Ministry of Foreign Affairs – it is not
possible to estimate how long it would take, but it would probably not take less than one year.
Costa Rica
The time required to accomplish the transmission and execution of the Letter Rogatory once
it arrives in Costa Rica depends on several factors, including the channel of transmission, the
nature of the matter, and the countries and institutions involved.
According to the General Secretariat of the Supreme Court, the process generally takes
between two to six months, depending on the type of request.
Mexico
In general terms, the proceeding can take between three to six months; it depends on the
subject matter of the Letter Rogatory, the diligence that shall be practised and the requested
court.
Panama
This will depend on the nature of the request of the Letters Rogatory (eg, service of process,
interrogation of witness, requesting a report to a public office, etc). The proceeding, from the
moment the Letter Rogatory is received by the Ministry of Foreign Affairs (or the competent
authority in case of direct judicial transmission) up to the practising of the request, assuming
it is granted, usually takes a minimum of six months but may take up to 12 months, and in
certain cases, even longer.
Paraguay
In practice, the time for the whole proceeding to be concluded will depend upon the nature
of the measure being requested and if the necessary documents are duly attached.
According to the Office of International Affairs, which is in charge of distributing and
monitoring the requests to the appropriate courts, it takes approximately between six weeksto
two months to finish the transmission and execution of the Letters Rogatory through their
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TRANSMISSION OF LETTERS ROGATORY IN THE REGION
office when measures of a merely formal nature are requested; and it shall take six months
or more when preventive measures, international restitution or extraditions are requested.
Peru
The time required for accomplishing the transmission and execution of the Letter Rogatory
once it arrives in Peru depends on the countries involved and the nature of the request.
For preventive measures or taking of evidence (eg, deposition of witnesses), the procedure
could take between four and six months to finish the transmission and execution of Letters
Rogatory. In cases of measures of a merely formal nature, such as service of process in general,
the time to accomplish the whole proceeding could take between two and four months.
Uruguay
The time required to accomplish the transmission and execution of Letters Rogatory once
they arrive in Uruguay depends on the countries involved and the nature of the request.
According to the Uruguayan central authority, it takes approximately four to six months to
finish the transmission and execution of Letters Rogatory through their office in Uruguay,
whereas preventive measures or taking of evidence (eg, deposition of witnesses) can take
more than six months, depending on its complexity. In cases of measures of a merely formal
nature, such as service of process in general, the time to accomplish the whole proceeding is
approximately two months.
Venezuela
The time required to accomplish the transmission and execution of the Letters Rogatory
once they arrive in Venezuela shall depend largely on the nature of the request and the
diligent efforts of the interested party. However, we can affirm that the whole procedure can
take between six and eight months.
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33
7. Is it possible to track the status of the
proceedings online?
Argentina
There is no online system to track the status of the proceeding in the central authority;
however, once the Letter Rogatory is sent to the judge, an electronic file is opened for the
specific Letter Rogatory, in which its status can be checked. Electronic files can be accessed
by the following link: www.pjn.gov.ar/99_Varios/Consulta_Causas.Asp.
Bolivia
There is no online system to track the status of the requests and proceedings.
Brazil
In Brazil, there is no online system to track the status of the proceeding in the central
authority. However, once the Letter Rogatory is sent to the Superior Court of Justice and to
the federal court for execution, an electronic file is opened for the specific Letter Rogatory,
in which its status can be tracked. Electronic files can be accessed by the following link:
www.stj.jus.br.
Chile
The Judiciary keeps a system to follow all proceedings handled by its courts (www.pjud.cl). In
the case of civil and labour proceedings, these can be easily tracked. However, in the case of
family and criminal courts, considering the confidential nature of matters, it is necessary to
personally obtain information of a proceeding directly at the courts.
The tracking in cases of the Ministry of Foreign Affairs may not be done online, but personally
before the authority.
Colombia
There is no online system to track the status of the requests and proceedings.
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Costa Rica
In Costa Rica, it is not possible to track the status of the proceedings online. However,
once the General Secretariat of the Supreme Court transfers the Letter Rogatory to the
respective court, it may be possible to review the case file online depending on which court is
responsible. In such cases, the files may be accessed via the following link: https://pjenlinea.
poder-judicial.go.cr/SistemaGestionEnLinea/publica/. Status requests may be sent by email
or phone to the General Secretariat of the Supreme Court.
Mexico
The interested parties can review the status of the performance of International Letters
Rogatory through the central authority (the Ministry of Foreign Affairs) website:
http://webapps.sre.gob.mx/rogatorias.
Panama
Not at this moment, as case file digitalisation has not been fully implemented by the
Panamanian judiciary (it is currently available for the special courts of commerce).
However, the status of the proceedings can be followed through the entries of the
dockets of the Supreme Court, Fourth Chamber. Once the file is received, a case number
will be assigned to the Letters Rogatory and this basic information is available online at:
www.organojudicial.gob.pa (link: ‘Sistema Automatizado de Gestión Judicial).
Paraguay
There is no online system to track the status of the proceeding in the judiciary system or in
the central authority. Thus, it is necessary to have an in situ person that will keep track of the
status of the proceedings.
Peru
There is no online system to track the status of the proceeding in the central authority;
however, once the Letter Rogatory is sent to the judiciary, an electronic file is opened for the
specific Letter Rogatory in which its status can be checked.
Electronic files can be accessed by the following links:
• http://apps.pj.gob.pe/cejSupremo and
•http://cej.pj.gob.pe/cej/forms/busquedaform.html.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
35
Uruguay
There is no online system to track the status of the proceeding in the central authority;
however, once the Letter Rogatory is sent to the Supreme Court, an electronic file is opened
for the specific Letter Rogatory, in which its status can be checked. Electronic files can be
accessed by the following link: www.expedientes.poderjudicial.gub.uy/
Venezuela
There is no online system to track the status of the requests and proceedings.
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8. Which law rules the transmission and
execution of the Letters Rogatory? Is there any
exception to the application of such law?
8.1. All countries, in general, follow the general principles of international procedural law,
provided by Inter-American Conventions, by which Letters Rogatory shall be executed in
accordance with the laws and procedural rules of the state of destination (lex diligentiae).
However, if the authority asking for the cooperation requests a special procedure or formality
to be applied, the destination authority may follow this proceeding or observe this formality,
provided that it is not against local public policy and sovereignty, and that it does not demand
excessive charges (Article 10, Inter-American Convention on Letters Rogatory – CIDIP I).
In case the Letter Rogatory includes a request of a preventive measure, its execution, the
counter-preventive measure or guarantee, any amendment of the preventive measure as well
as the sanctions resulting from malicious or unwarranted claims, shall be governed by local
law.
8.2. Some specific local regulations are as follows:
Chile
Letters Rogatory sent from Chile must be performed according to the laws of the state of
destination, but their formalities must comply with Chilean law for the validity of the measure.
According to the precedents of the Supreme Court, the service of process made abroad
can be performed, for example, by an administrative authority, but it must be performed
according to the rules governing service of process contained in the Code of Civil Procedure.
That is the importance of giving to the addressee court the specific instructions and powers
to perform a valid measure pursuant to Chilean law.
Considering that Letters Rogatory received are submitted to a reciprocity rule, specified in
section 76, paragraph 3 of the Code of Civil Procedure, it is understood that they must be
instructed according to Chilean law, but following the validity rules given by the foreign
court.
Mexico
The applicable law depends on the subject matter of the Letter Rogatory (please consider
that the above-mentioned treaties and conventions are applicable too):
• the Commercial Code;
• the Federal Civil Procedural Code;
• the Federal Administrative Contentious Procedural Law; and
• the Civil Procedural Codes of each one of the Federal Entities and the Federal District.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
37
9. Are there any standard forms for the Letters
Rogatory to follow?
9.1. In those countries that are a party to the Additional Protocol to the Inter-American
Convention on Taking of Evidence Abroad (CIDIP III) and of the Complementary Agreement
to the Protocol on Cooperation and Jurisdictional Assistance in Civil, Commercial, Labour
and Administrative Matters (1997) (please refer to Annex 1 for status of ratifications), forms
approved by these instruments shall be applied.
In addition, The Hague Convention on Taking of Evidence Abroad in Civil or Commercial
Matters suggests a standard form, notwithstanding that its use is not mandatory, just
recommended.
In case these treaties are not applicable, there are no standard forms to be followed and,
therefore, it is enough that the Rogatory Letter includes the documents/information
detailed in question 3 and complies with the formalities mentioned in question 2 above.
9.2. Some specific local requirements in this respect are as follows:
Bolivia
Although Bolivia has ratified the Additional Protocol of the Inter-American Convention
on Letters Rogatory, the forms attached to the Protocol are not required by the Unity of
International Judicial Affairs of the Ministry of Foreign Affairs.
Brazil
The Brazilian central authority recommends that the Letter Rogatory be made according to
the forms provided by the Ministry of Justice on its website (www.stj.jus.br). Besides this, the
Rogatory Letter must include the documents/information detailed in question 3 and comply
with the formalities mentioned in question 2.
Colombia
The Colombian Ministry of Foreign Affairs has prepared a form of the Letter Rogatory that
may be obtained via the following link:
http://mre.cancilleria.gov.co/wps/wcm/connect/cd0370004046657ca131eb54cc281367/
Guia%20de%20Cooperaci%C3%B3n%20Judicial%20Internacional.pdf?MOD=AJPERES.
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TRANSMISSION OF LETTERS ROGATORY IN THE REGION
Costa Rica
Costa Rica has not signed any of the Additional Protocols to the Inter-American Convention
on Taking of Evidence Abroad and Letters Rogatory, so there are no standard forms to follow.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
39
10. What type of matters/requests can be
included in a Letter Rogatory? In which cases
can a Letter Rogatory be rejected?
Argentina and Uruguay
As the Letter Rogatory is an instrument through which requests of international cooperation
shall be transmitted, any type of matters/requests relating to or in connection with service of
process, summonses or taking of evidence, such as witness depositions, expert testimonies,
oaths, interrogatories and other substantiation proceedings, can be included. However,
depending on the nature of the request, different conditions can be applicable.
In case the request implies the performance of procedural acts of a merely formal nature,
as service of process, summonses or subpoenas, the Rogatory Letter shall comply with
the formalities detailed in question 2 and contain the minimum documents/information
mentioned in question 3. In case the request implies the taking of evidence and obtaining
of information, as the measure implies stronger acts, a local judge shall also control that the
procedure/evidence requested is not contrary to local laws.
In these cases (when the request includes acts of formal nature or taking evidence/
information), the destination judge shall not analyse the international competence of the
judge requesting the performance of the act; therefore, even if according to local conflict of
law rules this judge is not competent to decide on the matter, the destination judge cannot
reject the Letter Rogatory and should cooperate. In this respect, it is important to mention
that the execution of a Letter Rogatory shall not imply that the destination judge recognises
the jurisdiction of the authority issuing the request or a commitment to then recognise the
validity of a judgement it may render or to execute it.
If the Letter Rogatory includes a request of the execution of a preventive measure, and
considering this request implies strong compulsory measures in addition to the control
of all formalities mentioned in questions 2 and 4, the destination judge shall analyse the
international competence of the foreign judge requesting the measure. Therefore, in a case
where according to local conflict of law rules the judge requesting the preventive measure is
not competent to do so, the destination judge shall reject cooperation.
Further, as mentioned in question 2, in a case where the authority receiving a Rogatory
Letter considers it contains a request that may severely and expressly affect international
public order (understood as those essential principles in which the Uruguayan legal system
is based), it may reject cooperation.
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Bolivia
There are no regulations on the requirements for Letters Rogatory. However, if the supreme
judge receiving a Letter Rogatory considers it contains a request that may severely and
expressly affect local public order (understood as those essential principles in which the
Bolivian legal system is based), it may reject cooperation.
Brazil
As the Letter Rogatory is an instrument through which requests of international cooperation
shall be transmitted, any type of matters/requests can be included. However, depending on
the nature of the request, different conditions can be applicable.
In case the request is for enforcement of a judge’s decision, such as summonses or subpoenas,
taking of evidence, expert examination, preventive measure, the Letter Rogatory shall comply
with the formalities detailed in questions 2 and 4 and contain the minimum documents/
information mentioned in question 3. In these cases, Brazilian authorities are not allowed to
consider the merits of the act of origin.
If the request involves a mere administrative act – such as taking copies of a procedure – the
cooperation is executed directly between the central authorities, without the necessity of the
judge’s exequatur or authorisation.
As mentioned in question 2, any Letter Rogatory will be rejected if it does not comply with
the principles of Brazilian public policy and national sovereignty.
Chile
Any type of matters or requests can be included. However, depending on the nature of the
request, different conditions can be applicable, especially in reference to measures that could
violate constitutional rights. Thus a measure ordered in a criminal proceeding that is found
to infringe constitutional rights relating to due process may be rejected by the courts in Chile.
Colombia
Colombian authorities are open to receive requests concerning judicial cooperation such
as notifications, gathering of information and evidence, and any other request that may be
considered legal under international and local law.
In any case, the following are cases in which the diligence requested through the Letter
Rogatory is often rejected:
• when the request of the requesting state infringes the public order or the security of
Colombia;
• when the request of the requesting state may harm Colombian interests;
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
41
• when the request does not include enough information;
• when the request may obstruct investigations and/or prosecutions in Colombia;
• when the request is contrary to the local law of the requested state or to the provisions of
the corresponding Convention;
• when the investigation has been initiated in order to discriminate, in any form, against a
person or group of people;
• when the request does not provide sufficient warranties; and
• when the requesting authority is incompetent.
Costa Rica
Any kind of administrative, civil or criminal matter may be contained in a Letter Rogatory,
including: the performance of procedural acts of a merely formal nature (such as service of
process, summonses or subpoenas abroad), as well as instructions for taking of evidence and
the obtaining of information abroad.
However, if the Letter Rogatory includes a request that is manifestly contrary to Costa Rican
public policy, it can be rejected.
According to the Inter-American Convention on the Taking of Evidence Abroad, the authority
of the country of destination may reject the execution of a Letter Rogatory if its purpose is
the taking of evidence prior to judicial proceedings or ‘pretrial discovery of documents’ as
the procedure is known in common law countries.
Mexico
Generally, any judicial action that requires procedural cooperation (notifications, summonses,
subpoenas, requests for information, gather evidence, etc).
The Letters Rogatory could be rejected:
• in the event that the Letter Rogatory infringes Mexican public policy or fundamental
rights; and/or
• in cases where the requested court does not have jurisdiction to practise the requested
diligence.
Panama
Conceived as an international request for judicial assistance, Letters Rogatory can cover nearly
all legal matters. However, a distinction must be made, depending on whether the Letter
Rogatory is sent pursuant to the terms of a particular convention or treaty, or if the request
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TRANSMISSION OF LETTERS ROGATORY IN THE REGION
is based solely on international assistance, without the support of a convention or treaty, as
a common mistake that petitioners make is to send Letters Rogatory under conventions or
treaties not covering the subject matter (eg, use of the Inter-American Convention CIDIP I
for a criminal matter, which Panama does not allow), which often leads to dismissal of the
application.
Failure to provide the information mentioned in question 2 or the documents/information
of question 3 can lead to dismissal of the Letters Rogatory.
The granting and compliance with a Letter Rogatory does not imply that the Panamanian
Supreme Court will enforce the judgment resulting from the proceeding in the requesting
jurisdiction, nor does it imply that by processing the Letters Rogatory, the Panamanian
judiciary would have accepted the validity of the performed act pursuant to the Letters
Rogatory, nor does it imply acceptance of the foreign court’s jurisdiction.
The Panamanian Supreme Court, acting through its Fourth Chamber, can reject Letters
Rogatory that, if granted, would breach Panamanian public policy or mandatory provisions
of the law (eg, access to books of accountants through general discovery, breach of provisions
on banking confidentiality, etc).
Paraguay
As the Letter Rogatory is an instrument through which requests of international cooperation
shall be transmitted, any type of matters/requests can be included. Yet, it may vary depending
on the nature of the request.
The Paraguayan authority receiving a Rogatory Letter will always first consider if the request
may affect the international public order (understood as those essential principles in which
the Paraguayan legal system is based) and in cases where they feel it does, it will reject
cooperation.
If the Letter Rogatory refers to the execution of a preventive measure in Paraguay, the
Paraguayan judge will control all the formalities and shall analyse if the preventive measure
requested is valid and enforceable according to the Paraguayan laws. The person requesting
shall submit, in all cases, a bond.
When the request includes acts of a formal nature or taking evidence/information, the
Paraguayan judge shall not reject, and must cooperate.
As a general requirement, all requests that are not in the Spanish language must be translated
by an official translator.
Peru
As the Letter Rogatory is an instrument through which requests of international cooperation
shall be transmitted, any type of matters/requests can be included. However, depending
on the nature of the request, different conditions can apply. In case the request implies
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
43
the performance of procedural acts of a merely formal nature, such as service of process,
summonses or subpoenas, the Letter Rogatory shall comply with the formalities mentioned
in question 2 above and contain the minimum documents/information detailed in question
3 above. In case the request implies the taking of evidence and obtaining of information in
Peru, because the measure implies stronger acts, then the Peruvian judge shall also control
that the procedure/evidence requested is not contrary to Peruvian law.
The qualification of the requested matter that corresponds to the Peruvian authority is
referred to the requirements concerning the specific request, as in verifying that the Letter
Rogatory is accompanied with the pertinent documents, translations, certifications, etc. In
this case, the local authority is allowed to make observations in order to address the lack of
necessary information for the proceeding of the request. However, the qualification of the
local authority stands on the premise that the requiring authority has already verified the
requirements or formalities that are imposed by the law of its country, which is why it does
not proceed to examine formalities that are not applicable to its international competence.
Further, as mentioned in question 2 above, in cases where the Peruvian authority receiving
a Letter Rogatory considers that it contains a request that may severely and expressly affect
international public order (understood as those essential principles on which the Peruvian
legal system is based), it may reject cooperation.
Venezuela
As the Letter Rogatory is an instrument through which requests of international cooperation
can be transmitted, any type of matters/requests relating to or in connection with service of
process, summonses or taking of evidence, such as witness depositions, expert testimonies,
oaths, interrogatories and other substantiation proceedings, can be included. However,
depending on the nature of the request, different conditions or requirements can be
applicable, the failure to observe which might eventually result in rejection, by the country of
destination, of the Letter Rogatory.
In case the request implies the performance of procedural acts of a merely formal nature,
such as service of process, summonses or subpoenas, the Letter Rogatory shall comply with
the formalities detailed in Chapter 2 of the Inter-American Convention on Letters Rogatory
and contain the minimum documents/information mentioned in question 4. In case the
request implies the taking of evidence and obtaining of information in Venezuela, the
Venezuelan juridical operator shall ensure that the procedure/evidence requested is not
contrary to Venezuelan laws.
As mentioned in some of the instruments ratified by Venezuela (eg, Article 17 of the InterAmerican Convention on Letters Rogatory and Article 16 of the Inter-American Convention
on Taking Evidence Abroad), the state may refuse to execute the Letter Rogatory in case that
the latter is overtly contrary to public policy of the country of destination.
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11. Which aspects could be improved in your
country with respect to the transmission of
Letters Rogatory?
Argentina
Argentina should improve the system by creating a tracking system (because we only have the
possibility of tracking Letters Rogatory through the judiciary webpage) and also it is clear
that it has also to improve the times that the whole paperwork demands.
Finally, it will be also important to have accessible information regarding all the process.
Bolivia
In the absence of a complete set of rules regarding the filing and processing of Letters
Rogatory, the requests presented are not attended in due time and there is also uncertainty
on the authorities with their capacity to respond to such requests.
Brazil
When at the judiciary, the transmission of the Letter Rogatory can be tracked online,
however, it cannot be tracked when at the central authority. This office demands a personal
follow-up and thus the involvement of local operators with the subsequent increase in costs.
It would be convenient if the official records of the proceeding at this office were available
online, together with an effective telephone attendance (in order to allow the follow-up of
the process from abroad).
Also, Brazil has no specific internal legislation about international cooperation that would be
important to make cooperation action become greater and more effective.
Chile
The process of delivery or Letters Rogatory should be faster, especially in reference to the
process before the Supreme Court.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
45
Colombia
Colombian central authorities and civil courts should participate in training, seminars
and workshops in order for them to have a better understanding of international judicial
cooperation, especially in civil and commercial matters.
Costa Rica
Costa Rica should improve the tracking of the status of a Letter Rogatory online. Furthermore,
specific time limits should be set and enforced to ensure that Letters Rogatory are fulfilled in
a timely matter, thus ensuring legal certainty for the requesting party.
Costa Rica should also implement standard forms for Letters Rogatory.
Mexico
The scope and view of the judges should be widened with ongoing training, seminars and
workshops to make the most of the international cooperation mechanisms, expediting the
legal procedures and improving the Mexican law enforcement system.
Additionally, promote a better understanding of private international law and foreign law,
within the Mexican legal community, including lawyers and judges, in order to improve
performance in connection with the diligences required by international Letters Rogatory,
and apply foreign law or enforce foreign judgments, awards or documents in a more effective
and efficient manner.
Panama
The most relevant aspect that needs improvement is the considerable amount of time
required for the Fourth Chamber of the Supreme Court of Justice to process and grant or
dismiss the Letter Rogatory request. This would require better management of the workload
(eg, increasing the workforce and training of personnel assisting the Supreme Court judges)
of the Fourth Chamber of the Supreme Court of Justice, in order to expedite the revision
process for the Letter Rogatory request.
Paraguay
The fact that we do not have an online service – in neither of the offices – to track Letter
Rogatory proceedings brings serious difficulties. Providing data on the process step-by-step is
very difficult, starting from the admission to the effective completion.
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Peru
Although at the judiciary the transmission of a Letter Rogatory can be tracked online, this
is not the situation at the central authority. This office demands a personal follow-up and
thus the involvement of local operators with the subsequent increase in the costs. It would be
convenient if official records of the proceeding at this office were available online, together
with other mechanisms to allow the follow-up of the process from abroad. It would also be of
great help to arrange more expeditious ways of file-tracking.
Uruguay
Although at the judiciary the transmission of the Letter Rogatory can be tracked online,
this is not the situation at the central authority. This office demands a personal follow-up
and thus the involvement of local operators with the subsequent increase in the costs. It
would be convenient if official records of the proceeding at this office were available online,
together with an effective telephone attendance (in order to allow follow-up of the process
from abroad).
Venezuela
A more flexible approach to the forms would be necessary so that they may effectively enable
compliance with the contents of the Letter Rogatory, thus preventing pointless formalisms
from jeopardising the execution of the mission contained in the Letter Rogatory.
As the system is currently designed, calling for the involvement of offices ascribed to the
Ministry of Interior and Justice, as well as of the Ministry of Foreign Relations, the procedure
prior and subsequent to the taking of cognisance by the courts greatly slows the Letters
Rogatory execution procedure, in view of which, it would be convenient, without neglecting
the necessary verification procedures, to concentrate these procedures in only one consular
office, in order to prevent bureaucracy from weakening the purpose of the Letter Rogatory
(which is none other than to execute the request of the foreign court effectively and timely)
and attempting against the principle of international cooperation.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
47
12. Please comment any other aspect that you
may deem relevant for your jurisdiction.
All countries included in this report are part of IberRed (‘Red Iberoamericana de Cooperación
Jurídica Internacional’), a network of contact persons in different countries that has the
objective of optimising judicial cooperation among these countries.
IberRed is an international network of Ibero-American countries that seeks the legal
cooperation, in civil and criminal matters, among the member states.
IberRed contributes to the development of the cross-border legal procedures and speeds-up
the legal cooperation requests. The cooperation is informal, complementary and flexible,
because it does not substitute the formal procedures.
IberRed coordinates the cooperation between the central authorities of the countries and
gives efficiency to the court proceedings, in the following subject matters:
• extradition and mutual legal assistance in criminal matters;
• child abductions;
• convicted persons relocation;
• United Nations Convention against Transnational Organized Delinquency; and
• United Nations Convention against Corruption.
The official languages in IberRed are Spanish and Portuguese.
To the date of this report, the Secretary General of IberRed is Fernando Ferraro Castro, the
Minister of Justice and Peace of Costa Rica.
For further information, find below IberRed contact details:
Website:www.iberred.org
Address:
Paseo de Recoletos, 8, Primera Planta, 28001 Madrid, Spain
Phone Number: +34 91 575 3624
E-mail:[email protected]
Colombia
On 12 July 2012, the General Code of Procedure (Law 1564 of 2012) was passed by the
Colombian Congress. This Code, that will enter into force on 1 January 2014, only foresees
oral proceedings, the duration of which will be considerably shorter than the duration of
written proceedings.
48
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
The reduction of the duration of those proceedings will have an impact on the duration of
the judicial diligences requested through Letters Rogatory, since the central authorities are
expected to have a reduction in their workload.
Paraguay
Person domiciled in a foreign country: It is important to note that a Rogatory Letter can be issued
in order to request the appearance of a person – related to the case held in the Paraguay
court – and the same should be executed within three days of the court order.
Likewise, the judge who issues the Rogatory Letter can set a timeframe in which the person
domiciled in a foreign country can appear in court. This timeframe should be set according
to the distance between the sender country and the receiver.
Also, the procedural timeframes during the international proceedings are suspended.
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
49
Annex I
Multilateral and regional instruments in force
November 2013
Multilateral Treaties
50
Argentina
Bolivia
Brazil
Chile
Colombia
Hague Conv on Service Abroad
of Judicial and Extrajudicial
Documents in Civil and
Commercial Matters (1965)
Act 25,097
X
X
X
Act 1073,
2012
Hague Conv on Taking of
Evidence Abroad in Civil and
Commercial Matters (1970)
Act 23,480
X
X
X
Act 1282,
2009
Inter-American Convention on
Letters Rogatory (CIDIP I)
Act 23,503
Signed on
2 August
1983
Act 1,899
Dec
644/76,
18 October
1976
Act 27,
1988
Additional Protocol to the
Inter-American Convention on
Letters Rogatory (CIDIP II)
Act 22,921
Act 3924,
18 August
2008
Act 2,022
Dec
858/90,
12 February
1990
Act 27,
1988
Inter-American Convention
on Taking of Evidence Abroad
(CIDIP I)
Act 23,481
Signed on
2 August
1983
Act 1,925
Dec Law
1473, 9 July
1976
Act 31,
1987
Additional Protocol to the
Inter-American Convention
on Taking of Evidence Abroad
(CIDIP III)
Act 24,037
Signed on
24 May
1984
X
X
Act 31,
1987
Inter-American Convention
on Execution of Preventive
Measures (CIDIP II)
Act 22,921
Signed on
2 August
1983
X
X
Law 42,
1986
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
Costa Rica
Mexico
Panama
Paraguay
Peru
Uruguay
Venezuela
X
Ratified on
16 February
2001
X
X
X
X
X
X
Ratified on
13 March
1989
X
X
X
X
X
Law 6165-B
Ratified on
27 February
1978
Act 12,
23 October
1975
Act 613/76
Ratified on
5 July 1977,
by Dec Law
No 21876
Act
14,534
Official
Gazette No
33,033,
3 August
1984
X
Ratified on
21 January
1983
Act 10,
16 June
1991
Act 613/76
Ratified on
26 March
1980, by
Dec Law
No 22953
Act
14,953
Official
Gazette No
33,171,
25 February
1985
Law 6165-A
Ratified on
13 February
1987
Act 13,
23 October
1975
Act 613/76
Ratified on
5 July 1977,
by Dec Law
No 21,876
Act
14,534
Official
Gazette
No 33,170,
22 February
1985
X
Ratified on
11 February
1987
X
Act 612/76
X
Act
17,512
Official
Gazette No
4,580,
21 May
1993
X
X
X
Act 612/76
Ratified on
26 March
1980, by
Dec Law
No 22953
Act
14,953
X
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
51
52
Regional Treaties
Argentina
Bolivia
Brazil
Chile
Colombia
Montevideo Treaty on
International Procedural Law
of 1889
Act 3,192
Ratified by
Act dated
25 February
1904
X
X
Act 33,
1992
Montevideo Treaty on
International Procedural Law
of 1940
Act 7,771
X
X
X
X
Mercosur – Las Leñas
Protocol on Cooperation and
Jurisdictional Assistance in
Civil, Commercial, Labour and
Administrative Matters (1992)
Act 24,578
X
Act 2,067
X
X
Cooperation and Jurisdictional
Assistance in Civil, Commercial,
Labour and Admiistrative
Matters among Mercosur, Chile
and Bolivia
Act 25,935
X
Act 6,891
Decree 71,
7 August
2009
X
Complementary Agreement
to the Las Leñas Protocol on
Cooperation and Jurisdictional
Assistance in Civil, Commercial,
Labour and Administrative
Matters (1997)
Act 25,222
X
X
X
X
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
Costa Rica
Mexico
Panama
Paraguay
Peru
Uruguay
Venezuela
X
X
X
Act 266/955
Ratified by
Legislative
resolution
dated 25
October 1889
Act 2,207
X
X
X
X
Act 266/955
X
Act
10,272
X
X
X
X
Act 270/993
X
Act
16,971
X
X
X
X
X
X
X
X
X
X
X
Act
1209/997
X
Act
17,574
X
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
53
54
Agreement on Cooperation
and Jurisdictional Assistance in
Civil, Commercial, Labour and
Administrative Matters (Buenos
Aires, 2002) – Mercosur, Bolivia
and Chile
X
X
Act 6,891
X
X
Mercosur – Ouro Preto Protocol
on Preventive Measures (1994)
Act 24,579
X
Act 2,626
X
X
Florianopolis Agreement on
Free Legal Costs and Fees and
Free Legal Services – Mercosur,
Chile and Bolivia
X
X
Act 6,679
X
X
Sub-regional Andean
Integration Agreement
(Acuerdo de Cartagena), 26
May 1969 (Trujillo, Perú)
X
Act
08995, 6
November
1969
X
X
X
Modificatory Protocol of the
Treaty of Creation of the
Court of Justice of the Andean
Community, 26 May 1996
X
Ratification
dated 18
September
1998
X
X
X
Modificatory Protocol of
the Sub-regional Andean
Integration Agreement
(Acuerdo de Cartagena 1997),
10 March 1996 (Trujillo, Perú)
X
Ratification
dated 14
July 1998
X
X
X
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
X
X
X
X
X
X
X
X
X
X
Act 619/995
X
Act
16,930
X
X
X
X
X
X
X
X
X
X
X
X
Ratified by
Dec Law No
17,851 dated
14 October
1969
X
X
X
X
X
X
Aproved by
Dec No 472
X
X
X
X
X
X
Ratified by
legislative
resolution No
26,603 dated
9 May 1996
X
X
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
55
56
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
57
58
TRANSMISSION OF LETTERS ROGATORY IN THE REGION
International Bar Association
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London EC4A 4AD, United Kingdom
Tel: +44 (0)20 7842 0090
Fax: +44 (0)20 7842 0091
www.ibanet.org