Letters Commission or Rogatory. (sec.

12, Rule 23)

be issued only in the following instances:
a) Necessary or convenient, on application and notice;
b) On such terms and with such direction as are just and
c) Officers may be designated in notices or commissions; either by name or descriptive title; and
d) Letters rogatory may be addressed to the appropriate judicial authority in the foreign country

LETTER COMMISION LETTER ROGATORY

is an instrument issued by a court other
competent tribunal to authorize a person to take
depositions, or do any other act by authority of
such I court or tribunal
addressed to a non-judicial foreign officer who
will take the deposition
the rules which are applicable are those of the
requesting court.
it is allowed if the permission of the foreign
country is given
leave of court is not necessary
An instrument whereby a foreign court is
informed of the pendency of a case and the name
of the foreign witness, and is requested to cause
their depositions to be taken in due course of law
for the furtherance of justice, with an offer on the
part of the court making the request, to do the like
for the other, in a similar case.
addressed to a judicial foreign officer who will
take the deposition
the rules which are applicable are those of the
foreign court.
it is allowed if commission was disallowed by the
foreign country
leave of court is necessary

DEPOSITION AFFIDAVIT
taking of the testimony requires notice to the -it may be taken ex parte
other party
it may be taken in the form of a question and -ex parte need not be in such form
answer based on oral examination or written
interrogatories before authorized persons
may be used as evidence in a pending case -may or may not be used in a proceeding