The judge may, at the request of the parties, or of his own motion, carry out in a foreign State the investigative measures and other judicial acts that he deems necessary by giving letters rogatory either to any competent judicial authority of that State, or to the French diplomatic or consular authorities.
The clerk’s office of the issuing court shall send a copy of the decision granting letters rogatory to the public prosecutor’s office, unless transmission is to be made directly to the competent foreign court or authority. The decision giving letters rogatory shall be accompanied by a translation drawn up at the request of the parties, unless its transmission in French is authorised. .
The Public Prosecutor’s Office at the issuing court shall immediately forward the letter rogatory to the Minister of Justice for transmission, unless by virtue of a treaty the transmission must be made directly to the foreign authority. .
The judicial court alone has jurisdiction to hear letters rogatory. The judicial court with territorial jurisdiction is the court within whose jurisdiction the letters rogatory are to be executed.
The Minister of Justice shall transmit letters rogatory addressed to him to the Public Prosecutor’s Office at the competent judicial court. The Minister of Justice shall transmit letters rogatory addressed to him to the Public Prosecutor’s Office at the competent judicial court.
The Public Prosecutor’s Office shall immediately forward the letter rogatory to the president of the judicial court for execution.
On receipt of the letter rogatory, the judge appointed for this purpose by the president of the judicial court shall carry out the prescribed operations. .
The letter rogatory shall be executed in accordance with French law unless the foreign court has requested that it be executed in a particular form. If so requested in the letter rogatory, the questions and answers shall be transcribed or recorded in full.
The parties and their defenders, even if they are foreigners, may, with the judge’s permission, ask questions; these must be formulated or translated into French; the same applies to the answers given to them.
The assigned judge is required to inform the assigning court, at its request, of the place, day and time at which the execution of the letter rogatory will take place; the foreign assigning judge may attend. .
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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