§ 1781. — Transmittal of letter rogatory or request.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC1781]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 117--EVIDENCE; DEPOSITIONS
Sec. 1781. Transmittal of letter rogatory or request
(a) The Department of State has power, directly, or through suitable
channels--
(1) to receive a letter rogatory issued, or request made, by a
foreign or international tribunal, to transmit it to the tribunal,
officer, or agency in the United States to whom it is addressed, and
to receive and return it after execution; and
(2) to receive a letter rogatory issued, or request made, by a
tribunal in the United States, to transmit it to the foreign or
international tribunal, officer, or agency to whom it is addressed,
and to receive and return it after execution.
(b) This section does not preclude--
(1) the transmittal of a letter rogatory or request directly
from a foreign or international tribunal to the tribunal, officer,
or agency in the United States to whom it is addressed and its
return in the same manner; or
(2) the transmittal of a letter rogatory or request directly
from a tribunal in the United States to the foreign or international
tribunal, officer, or agency to whom it is addressed and its return
in the same manner.
(June 25, 1948, ch. 646, 62 Stat. 948; Pub. L. 88-619, Sec. 8(a), Oct.
3, 1964, 78 Stat. 996.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 653 (R.S. Sec. 875; Feb.
27, 1877, ch. 69, Sec. 1, 19 Stat. 241; Mar. 3, 1911, ch. 231, Sec. 291,
36 Stat. 1167).
Word ``officer'' was substituted for ``commissioner'' to obviate
uncertainty as to the person to whom the letters or commissioned may be
issued.
The third sentence of section 653 of title 28, U.S.C., 1940 ed.,
providing for admission of testimony ``so taken and returned'' without
objection as to the method of return, was omitted as unnecessary.
Obviously, if the method designated by Congress is followed, it cannot
be objected to.
The last sentence of section 653 of title 26, U.S.C., 1940 ed.,
relating to letters rogatory from courts of foreign countries, is
incorporated in section 1782 of this title.
The revised section extends the provisions of section 653 of title
28, U.S.C., 1940 ed., which applied only to cases wherein the United
States was a party or was interested, so as to insure a uniform method
of taking foreign depositions in all cases.
Words ``courts of the United States'' were inserted to make certain
that the section is addressed to the Federal rather than the State
courts as obviously intended by Congress.
Changes were made in phraseology.
Amendments
1964--Pub. L. 88-619 substituted provisions authorizing the
Department of State to transmit a letter rogatory or request by a
foreign or international tribunal, or by a tribunal in the United
States, to the tribunal, officer or agency in the United States or its
foreign or international counterpart, to whom addressed, and to return
it after execution, and providing that this section does not preclude
direct transmission of letters rogatory or requests between interested
tribunals, officers or agencies of foreign, international and of United
States origin, for provisions authorizing United States ministers or
consuls, whenever a United States court issues letters rogatory or a
commission to take a deposition, to receive the executed letters or
commissions from foreign courts or officers, endorse them with the place
and date of receipt and any change in the deposition, and transmit it to
the clerk of the issuing court in the same manner as his official
dispatches, in text and ``Transmittal of letter rogatory or request''
for ``Foreign witnesses'' in section catchline.
Section Referred to in Other Sections
This section is referred to in title 22 section 7423.
