Hague Evidence Convention And Letter Rogatory Practice

Taking Evidence Abroad for Use in the United States

Ted Folkman is widely recognized for his work in international judicial assistance and taking evidence abroad under The Hague Evidence Convention and by other means. He is first and foremost a litigator, and he brings a litigator’s mindset to the work of taking evidence abroad.

In addition to work for his clients, Ted serves as chair of the International Law Section of the Boston Bar Association, was elected to membership in the prestigious American Law Institute, and was a non-governmental delegate to the Special Commission of The Hague Conference on Private International Law on the operation of the Evidence Convention. He is the author of a chapter in the American Bar Association’s new treatise on international litigation in the US courts, the author of an award-winning book on International Judicial Assistance, now in its second edition, and other books, chapters, and articles in the field.

What we do

We help lawyers and litigants in US litigation take evidence in other countries for use in the United States. We can help in the dozens of countries that are party to The Hague Evidence Convention, and in other countries where it’s possible to take evidence by other means.

Folkman LLC is experienced in the process of drafting letters of request and letters rogatory in a way that foreign courts are most likely to respect, seeking US court approval, and transmitting the letters of request through the correct channels abroad. We also work closely with local counsel in the relevant countries to ensure compliance with local law and to maximize the chances of success. We understand the process and can help you navigate it.

How we work

Most often, US lawyers from the largest firms to the smallest ask us to handle the taking of evidence abroad. We work directly with the US lawyers and colleagues in the relevant foreign countries to accomplish the work. Because we are a litigation firm, we can also handle entire litigations where our client expects an issue of foreign evidence to arise.

We understand that foreign discovery can be costly, particularly because it is often necessary to retain local counsel abroad. We work closely with our foreign partners to develop realistic plans to accomplish what our client wants to accomplish in the available time for a price that is reasonable in light of the overall cost of the litigation. It is best to consult us early in the life of your case, so that we can plan together to achieve your goals within the time available.

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