A letter rogatory is a formal written communication from one court in which an
action is pending to a court in a foreign jurisdiction (interstate or international) requesting
that the testimony of a non-party witness be taken within its jurisdiction for the use of the
court making the request. Under R. 4:11-5, a deposition of a non-party resident may be
taken “... in accordance with a commission or letter rogatory issued by a court of this
state, which shall be applied for by motion on notice...” A commission or letter rogatory
shall be issued in accordance with R. 4:12-3, on application and notice. Once a judge has
issued an order for a letter rogatory, the Clerk of the Superior Court in Trenton must affix
the seal of the court to the letter rogatory. The party seeking the deposition must then
apply to the foreign state court pursuant to the law of the foreign state.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
