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Procedure for Letter Rogatory, APA References: …
Procedure for Letter Rogatory
Case
The procedure that a Moroccan Judge should follow to request for the information about properties located in Nuevo León, México.
Consult Mexican judicial assistance details
Both countries are parties to the Hague Convention on the Service of Judicial and Extrajudicial Documents in Civil or Commercial Matters, the procedure is standardized.
Judge issues a judicial order
The Moroccan judge issues a formal judicial order requesting information on a person’s properties in Nuevo León, Mexico, in an intestate proceeding.
Advice
Review the Mexico´s state or federal law on the subject ()
Consider that Judges in Mexico will speak Spanish and they need to understand what you are requesting (translate the Letter Rogatory)
From Judge to Ministry of Justice
The judge forwards the letter rogatory to the Ministry of Justice in Morocco (Central Authority for International Judicial Cooperation).
Ministry´s verification.
The Ministry receives, verifies, and registers the request, ensuring compliance with the 1965 Hague Convention.
Mexico´s receipt
The Mexican Central Authority receives and registers the request, verifies complete information, compliance with Mexican law and treaties, and proper document authentication, then acknowledges receipt to Morocco.
From SRE to NL
The request is forwarded to the competent state authority in Nuevo León (e.g., the Registro Público de la Propiedad y Comercio).
Execution
The Mexican authority searches public records for property ownership, liens, and encumbrances, and prepares an official notarized or certified response.
Judicial use
The Moroccan judge receives the property information and uses it for the ongoing judicial procedure.
Letter Rogatory
The judge or court clerk prepares the Letter Rogatory (Request for Judicial Assistance), including... (U.S., n.d.)
Case details and parties involved
Specific information requested (property ownership, registration details, etc.)
Legal basis for the request
Translation to Spanish
The requesting court or counsel will pay the costs incurred in executing this letter rogatory
The letter rogatory should be addressed to the Appropiate Judicial Authority of Mexico
A request for international judicial assistance is made in the interests of justice.
The type of case: Family Law,
The requesting court expresses its willingness to provide similar assistance to the judicial authorities of the receiving state
Statement that the requesting court or counsel is willing to reimburse the judicial authorities of the receiving state for costs incurred in executing the requesting court's letter rogatory.
From Ministry to Mexican Central Authority
The Moroccan Ministry forwards the Letter Rogatory to the Mexican Ministry of Foreign Affairs, General Directorate of International Legal Affairs (Secretaría de Relaciones Exteriores (SRE), Dirección General de Asuntos Jurídicos Internacionales)
Compliance
The collected information is reviewed by Mexican legal officers for compliance with local law and privacy regulations.
From NL to SRE to Morocco
The property information is sent to the Mexican Central Authority (SRE), which forwards the official response to the Moroccan Central Authority.
Morocco
The Moroccan Central Authority sends the collected information to the Ministry of Justice and finally to the requesting judge.
APA References: 1. Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Nov. 15, 1965, 658 U.N.T.S. 163. (Hague Conference on Private International Law). Retrieved from
https://www.hcch.net/en/instruments/conventions/full-text/?cid=17
2. U.S. Department of State.
Preparation of Letters Rogatory
.
https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/internl-judicial-asst/obtaining-evidence/Preparation-Letters-Rogatory.html
3. Inter-American Convention on Letters Rogatory, Jan. 30, 1975, O.A.S.T.S. No. 43, 1438 U.N.T.S. 287. (Organization of American States). Retrieved from
https://www.oas.org/juridico/english/treaties/b-36.html