Article 5 Letters Rogatory
Each Federal or Local Judicial Authority shall have the right to request other authorities to
initiate, on its behalf, any judicial proceeding related to a lawsuit under consideration or a
judicial investigation, in accordance with the following procedures:
1. The Federal or Local Judicial Authority shall send the letter rogatory to the authority
requested to implement such procedures, as the case may be.
2. The judicial authority requested to implement shall execute the letter rogatory in
accordance with the legal procedures followed thereby, provided that if the requesting
judicial authority wishes the letter rogatory to be executed by a different method, the
other authority shall comply with its wish, unless that would contravene the laws of the
judicial authority requested to implement.
3. The requesting judicial authority shall be given a notice of the place and time of
execution of the letter rogatory, in order to allow the interested party to appear in
person or by proxy.
4. If the letter rogatory pertains to a subject or procedure precluded by the local law or
cannot be executed, the judicial authority requested to implement shall notify the
requesting authority thereof, stating the reasons.
5. The judicial authority requested to implement shall pay the costs of letters rogatory,
except for the fees of experts, which shall be paid by the requesting authority and shall
send a statement of such fees attached to the letter rogatory file, provided that the
judicial authority requested to implement shall be paid for the charges of the
documents submitted during the execution of the letter rogatory, in accordance with
the laws thereof.
6. The letter rogatory, specified in this Article, may be executed by using remote
communication technology, in accordance with the legislation in force in the State.