Letters rogatory refer to a request by a court or prosecutor’s office asking a court or judicial authority in another country to carry out a specific procedural act on its behalf.

At the international level, this is generally used for procedures such as:

hearing witnesses;
taking statements from parties;
conducting expert examinations;
collecting documents and evidence.

In other words, international letters rogatory are the formal and legal channel through which a judicial authority in one country asks another country:

“Please carry out this procedure on my behalf and send me the result.”

This process may arise both in criminal cases and in civil or commercial cases.

Purpose and Legal Basis of International Letters Rogatory

The main purpose of international letters rogatory is:

to ensure justice in cross-border disputes;
to prevent evidence from being lost;
and to avoid proceedings becoming blocked because parties or witnesses are located in another country.

Today, individuals, companies, contracts, banks and platforms are no longer confined within the borders of a single country. Therefore:

a party to a case may be in one country;
a witness may be in another country;
and documents or records may be held by a company located in a different country.

International letters rogatory exist precisely for such situations and are based on:

bilateral or multilateral treaties;
domestic rules of international procedural law;
and mutual legal assistance agreements in criminal matters.

Letters Rogatory in Criminal Cases and Civil / Commercial Cases

International letters rogatory are not a single, uniform mechanism. They cover two main areas.

Letters Rogatory in Criminal Cases: Mutual Legal Assistance

In criminal matters, letters rogatory are often used for:

hearing witnesses or suspects in another country;
obtaining bank records, phone records or CCTV footage located in that country;
carrying out procedures such as search and seizure or preservation of evidence.

Such procedures generally take place through a more formal and closed process involving:

mutual legal assistance agreements;
international criminal cooperation treaties;
and central authorities, such as the Ministry of Justice.

Under Article 196 of the Turkish Code of Criminal Procedure, letters rogatory may be used for offences punishable by a lower limit of five years or less.

Letters Rogatory in Civil and Commercial Cases

In civil cases, such as divorce, custody and inheritance, and in commercial cases, such as debt claims, contracts and commercial disputes, letters rogatory are used for procedures such as:

hearing a witness before a court in another country;
obtaining documents from an official institution or bank in that country;
conducting an on-site inspection or expert examination.

In this area, the framework is determined by:

private international law and procedural rules;
and, in particular, certain Hague Conventions concerning service of documents and the taking of evidence.

How Do International Letters Rogatory Work? Basic Steps

The details may vary depending on the countries and applicable treaties, but the process generally follows these steps.

The Case Giving Rise to the Request

There is an ongoing criminal or civil case in one country.

The judge or prosecutor needs a procedure to be carried out in another country for the case to proceed properly, for example because the witness or documents are located there.

Preparation of the Letter Rogatory Request

The relevant court or prosecutor’s office sets out in detail which procedure it wishes to be carried out, including:

who is to be heard;
which questions are to be asked;
which documents are requested;
and according to which procedure the act should be carried out.

Transmission to the Competent Authority

In many countries, international letters rogatory requests are not sent directly to a foreign court.

They are first transmitted to the domestic central authority, often the Ministry of Justice.

Transmission Between States

The central authority sends the request to the competent authority of the other country in accordance with:

applicable treaties;
bilateral agreements;
and the principle of reciprocity.

Execution of the Procedure in the Foreign State

The court or prosecutor’s office in the requested state carries out the requested procedure in accordance with its own law.

It may hear the witness, collect the document, appoint an expert or conduct another requested procedure.

Return of the Result

Once the procedures are completed, the minutes, documents and records are sent back to the requesting state through official channels.

In this way, the evidence is included in the file before the court hearing the main case.

Difference Between Service of Documents and Letters Rogatory

Two concepts are often confused in international judicial cooperation: service of documents and letters rogatory.

Service of documents means:

the official notification of a court or administrative document, such as a petition, hearing date or decision, to the person concerned.

Letters rogatory mean:

a request for a procedural act, such as hearing a witness, collecting documents or conducting an inspection, to be carried out by the judicial authority of another country.

In other words:

Service of documents means: “Officially deliver this document to this person.”

Letters rogatory mean: “Hear this person before a court, collect these documents and send me the result.”

The two are often regulated together in the same conventions, but their functions are different.

Importance of International Letters Rogatory: Why Are They Being Used More Often?

Today, international letters rogatory are becoming increasingly important in both criminal and private law matters. There are several reasons for this.

Mobility and Migration

People move to other countries, work, marry and divorce abroad.

Witnesses, parties and heirs often live in different countries.

International Trade and Companies

Companies have branches, subsidiaries and bank accounts in different countries.

In commercial disputes, some evidence may be held by institutions and banks in other countries.

Digital Evidence and Platforms

Data is stored in cloud systems and on servers located abroad.

Social media platforms, messaging applications and email providers are often established in different countries.

Common Misunderstandings About International Letters Rogatory

“Do Letters Rogatory Transfer the Case to Another Country?”

No. Letters rogatory do not change the country in which the case is being heard.

The case continues in the country where it was filed; only certain procedures are carried out in another country.

“Can a Person Be Sent to Another Country for Trial Through Letters Rogatory?”

No. That is the subject of extradition.

Letters rogatory send the procedure abroad, not the person. The witness is heard there, and the document is obtained from there.

“Is the Foreign Court Required to Act Exactly as Requested?”

The foreign court generally acts in accordance with its own procedural law.

The requests of the requesting state are taken into account, but they may not always be applied exactly as requested.