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

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

Objective: This Convention establishes the framework applicable to the letters rogatory for the purpose of taking evidence or obtaining information abroad.  

Summary: This Convention applies to letters rogatory requesting the taking of evidence or the obtaining of information abroad (whether civil or commercial in nature) issued by a Judicial Authority of one Party to the competent Authority of another. Notwithstanding that the Convention applies to letters rogatory in civil or commercial matters, the States parties may, through a declaration, extend their requests to criminal, labor, administrative, arbitration and other matters within the jurisdiction of special courts. This Convention requires that the letters rogatory contain the following information: 1) a clear and precise statement of the purpose of the evidence requested; 2) 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; 3) names and addresses of the parties to the proceeding, as well as of witnesses, expert witnesses, and other persons involved and all information needed for the taking of the evidence. Such request may be transmitted by judicial authorities, consular or diplomatic agents, or designated Central Authority.  

Compliance with the following requirements is also necessary for application of this Convention: 1) the requested procedure must not be contrary to local law; 2) the interested party must remit any financial or other means necessary to secure compliance with the request to the Authority of the requested State; 3) the interested party must legalize the letters rogatory or transmit this document by consular or diplomatic agent, or through the designated Central Authority; 4) the letter rogatory must be translated into the language of the requested State; and 5) the request must comply with procedural laws and rules of the requested State.  

The responding State may refuse to carry out the letter rogatory if contrary to applicable law, public policy or during a pretrial discovery process.  Likewise, a person called to give evidence may refuse to do so under impediment exception, or duty to refuse under the law of either State.   

Compliance with the letter rogatory under this Convention shall in no way imply ultimate recognition of the issuing authority’s jurisdiction or a commitment to recognize the validity of the judgment in the relevant matter.  Nor will compliance with the letter rogatory imply ultimate enforcement of any award.  

The State Parties must designate a Central Authority to receive and remit letters rogatory and inform the General Secretariat of the OAS of such decision.