Legal Question in Civil Litigation in Connecticut
Letter Rogatory
I am not familiar with CT procedure and need sample Mxs/forms for filing a Letter Rogatory issued by MA superior court with CT superior court. I am informed there is a $225 fee. I think MA counsel was suppose to file a mx for commission in MA, but they filed and were granted a letter rogatory instead, requesting CT court to issue keeper of records subpoena, so what do I do with it now?
1 Answer from Attorneys
Re: Letter Rogatory
Your question is not clear enough to be answer-able. If you want to take discovery in a state other than Massachusetts in connection with a Massachusetts (state) court proceeding, you need to consult the applicable MA statute for starters. But the trick will mostly be following the foreign state's procedural requirements.
If a MA court issued a "commission" for CT discovery -- b/c there is no such thing as "letters rogatory" in MA -- the CT should accept the commission even though it is not called "letters rogatory" thru interstate judicial comity and "full faith and credit" of foreign court judgments/orders. But probably CT law controls on this, not MA.