Letters rogatory and letters of request

Last revised October 10, 2025

Letters rogatory, also called letters of request are a form of international judicial assistance where a court issues a formal written request to a foreign court for assistance in obtaining evidence within the foreign court’s jurisdiction.

Under the Common Law

Letters rogatory or letters of request can be used to gather evidence in BC for proceedings outside of BC or to obtain foreign evidence for BC proceedings. They are based on the principle of international judicial comity and as such, their compliance stems from courtesy and respect and not legal obligation.

Gathering evidence in BC for proceedings outside of BC

• In BC, requests for the enforcement of letters rogatory issued by a foreign court are governed by the provisions of s. 53 of the British Columbia Evidence Act. Federally, requests are made under the Canada Evidence Act section 46.  
• Generally, the Canadian courts will assess if the foreign request offends Canadian public policy and consider potential impact a proposed examination could have on a witness. For details regarding the factors relevant to granting or denying requests see Canadian Conflict of Laws, Part II, Chapter 9, available on site at Courthouse Libraries.

 Obtaining foreign evidence for BC proceedings

• Rule 7-8(8) -(12) of the BC Supreme Court Civil Rules on depositions governs obtaining letters of request. It is a formal request to the appropriate judicial authorities in another country to order a resident of that jurisdiction to provide oral and documentary evidence for a BC proceeding.  
• Rule 7-8(10) states the order under subrule 8 must be in Form 29 and the letter of request referred to in the order must be in Form 30.  
• Samples of filed orders and letters of request can be searched in the Pleadings, Motions, and Facta module in Lexis Advance Quicklaw.

 As per Hague Convention

The Hague Convention on the Taking of Evidence in Civil or Commercial Matters allows for contracting countries to obtain evidence from one another via letters of request. Canada is not a signatory to this treaty and the key difference between requests made under the Hague Convention and those made under the common law is that granting letters of request under the Convention is an obligation, not a matter of judicial discretion. Requests must comply with the Hague Conventions’s formal requirements.

According to a 2008 CLE paper, Obtaining Foreign Clinical Records: 

While Canada is not a signatory to this international treaty, the Hague Convention on the Taking of Evidence in Civil or Commercial Matters can nevertheless provide guidance to counsel seeking to obtain foreign clinical records. This international treaty at the very least provides a foundation for international comity between contracting nations, but also provides precedent and guidance for other nations.

Content reviewed October 10, 2025