Legal Question in Wills and Trusts in Florida

I am litigating against a foreign country, �B�, in U.S. Federal court. Litigation is based upon a three hundred fifty year old contract. Foreign country �B� refuses to part with any original copies of the three hundred fifty year old contract while simultaneously refusing to produce �certified� copies for the U.S. Federal courthouse in our litigation. Said ancient contract was printed in English translation form in U.S.-printed history books over thirty years ago. I can access said U.S. history books. Additionally, foreign country, �B� hosts an official online website of its government archives. Said archives include a scanned copy of an actual three hundred fifty year old version of said contract presently in the government archives of foreign country �B�. I have printed a legible copy of said contract from the online website of foreign country �B� and filed it in U.S. Federal court along with a certified English translation of same. Is my approach compatible with Federal Rules of Evidence in light of the circumstances in the case?


Asked on 1/12/11, 1:17 pm

1 Answer from Attorneys
Samuel Mutch Samuel A. Mutch, P.A.

No! Not unless country "B"is spelled CUBA. If one can go to the library in the country in which the document is store. One can get a copy, have the copy verified by the librarian or custodian of records. Then that country's foreign ministry should be able to issue an "apostille" under a treaty signed by most countries. The Apostille says that the librarian/custodian has certified the copy as a copy of the original in the library, and the foreign ministry is certifying the copy as true and correct for any country to use in in courts or for official proceedings. Not hard, and a local attorney, librarian, university researcher or someone you trust can get the certified copy from the library and then go to the foreign ministry for the issuance of the Apostille.

Without the Apostille, your document will most likely not be permitted for entry into court as evidence.

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Answered on 1/20/11, 7:03 am


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