International Letters Rogatory  

IMPORTANT UPDATE

IN ORDER TO PROVIDE BETTER SERVICE TO THE PUBLIC, THE FOREIGN MINISTRY HAS MOVED TO THE “TLATELOLCO BUILDING” LOCATED AT AVENIDA JUÁREZ NO. 20 (ENTRANCE ON CALLE INDEPENDENCIA), COLONIA CENTRO, DELEGACIÓN CUAUHTÉMOC 06010 MEXICO CITY.

IN CONFORMITY WITH THE ANNOUNCEMENT PUBLISHED IN THE OFFICIAL GAZETTE OF THE FEDERATION ON MAY 25, 2006, BE ADVISED THAT, AS OFJUNE 12, THE OFFICE OF THE DIRECTOR GENERAL FOR LEGAL AFFAIRS WILL CONDUCT ITS BUSINESS WITH THE GENERAL PUBLIC AT THE ABOVE ADDRESS FROM MONDAY THROUGH FRIDAY, 9:00 A.M. TO 2:30 P.M.

• What is an international rogatory letter?
• Requirements for rogatory letter.
• Begin your application on the internet

 This information was valid on January 1, 2001. For comments and suggestions, email  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

What is a Letter Rogatory (Letters of Request)?

The rogatory letter (letter of request) is a formal request whereby one court calls upon another court in a foreign country for some type of judicial assistance, such as help in obtaining information or for a civil process or investigation which it cannot undertake due to not having jurisdiction. The tasks requested could be services of process, the taking of evidence, etc. The use of letters rogatory is based on international treaties or conventions that permit them or, lacking this basis, on international reciprocity.

Therefore, a rogatory letter (also called a “rogatory commission”)  is a formal request made by judicial authority in one country to a judicial authority in another country, requesting assistance in certain tasks that are needed as part of an ongoing procedure in the first country, as specified in international treaties to which both countries are party or, in the absence of a treaty, based on the principle of reciprocity. 

Requirements

REQUIREMENTS FOR ROGATORY LETTERS (LETTERS OF REQUEST)

1. Present the rogatory letter issued by a Mexican legal authority and duly legalized or with the correct seal. The document should state clearly the task that is needed, and should name the individual involved and his or her address (street, number, county or town, zip code and city, country). 
2. Present both the rogatory letter and the documents that are for the defendant or the documents that give rise to the task that is requested in the rogatory letter. 
3. Present the letter rogatory and all of its annexes, duly translated into the official language of the country where the rogatory letter be put in force, by an official translator authorized by the Supreme Court.

 IMPORTANT NOTE:

The only actions that are dealt with a rogatory letter are procedural ones such as services of process, the taking of evidence, etc.
 
Any actions requiring COACTIVE IMPLEMENTATION must be arranged directly by the interested party with the competent foreign authority.

WHO LEGALIZES THE ROGATORY LETTER?

A) Rogatory letters issued by legal authorities in the Mexico City need to be legalized by:
1.- The official authorities of the Mexico City via the Office of the Director General for Legal Affairs and Legislative Studies, Underdirection for Contracts and  Legal Opinions (Candelaria de los Patos S/N, Colonia Diez de Mayo, C.P. 15290, Delegación Venustiano Carranza, Mexico City).
2.-The Ministry of the Interior (SEGOB) via the Office of the Director General for the Interior (specifically, the Control and Registry Area of its Political Coordination Department located at Abraham González No.48 P.B., Colonia Juárez, C.P. 06600, Mexico City).
3. - The Foreign Ministry’s passport offices in the municipalities.
4. - The consular section of the Mexican Embassy in the country where the rogatory letter will be in force.
B) Rogatory letters issued by judicial authorities outside Mexico City need to be legalized by
1.-The Secretary of State of the place where the rogatory letter is issued.
2. - The authorities listed in numbers 2-4 of A) above.
See the end note.
WHO CAN PROVIDE THE SEAL (APOSTILLE) FOR THE LETTER ROGATORY?
1.-For letters rogatory issued by legal authorities in the Federal District, by the government of the federal district through the Office of the Director General for Legal Affairs and Legislative Studies, Underdirection for Contracts and Legal Opinions.
2. - For letters rogatory issued by authorities in the rest of Mexico, by the Secretary of State of the place where the document was issued.

WHO CAN PROVIDE THE SEAL (APOSTILLE) FOR THE ROGATORY LETTER?

 1.For rogatory letters issued by legal authorities in Mexico City, by the government of Mexico City through the Office of the Director General for Legal Affairs and Legislative Studies, Underdirection for Contracts and Legal Opinions.
2. For rogatory letters issued by authorities in the rest of Mexico, by the Secretary of State of the place where the document was issued.

 

IMPORTANT NOTE:

In accordance with the October 5, 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, only those rogatory letters that will be in force in countries that are party to the Convention (see list) receive the apostille. In countries that are not party to the Convention, the corresponding legalizations must be processed with the authorities mentioned above.

END NOTE

The rogatory letters issued by federal judges must be legalized by the authorities mentioned in the corresponding paragraph, with the exception of the government of Mexico City and of the Secretary of State of the entity. Apostilles for these documents will only be given by the Secretary of  the Interior (SEGOB).

 Apostilles for these documents will only be given by the Secretary of  the Interior (SEGOB).