Page:United States Statutes at Large Volume 49 Part 2.djvu/1837

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LETTERS ROGATORY-SOVIET SOCIALIST REPUBLICS. "704. Fees and m.ileage of witnesses. Every witness who liihall so appear and testify shall be allowed, and shall receive from the party at whose instance he shall have been summoned, the same fees and mileage as are allowed to witnesses in suits depending in the district courts of the United States. (R. S. § 4074.)" The People's Oommissar /0'1' Foreign Affairs (Litvinof!) to the American Ambassador (Bullitt) Moscow, November ';22" 1935. l\IR. AMBASSADOR: 3843 Confirming conversations between the People's Commissariat for . Confirmation hy. r .n- Jon of SOVIet SociaJ1S~ Foreign Affairs and the American Embassy in Moscow with regard Republics. to the desirability of setting forth the procedure followed in our respective countries in the matter of the execution of letters roga- tory issuing out of the courts in the other, I have the honor to inform you of the procedure according to which the courts of the Union of Soviet Socialist Republics will accept for execution letters rogatory of courts in the United States of America. 1. Letters rogatory issuing out of courts in the United States for execution in the Union of Soviet Socialist RepUblics should be delivered through the diplomatic channel, i. e., through the Ameri- can Embassy in Moscow and the People's Commissariat for For- eign Affairs, to the appropriate court in the Union of Soviet So- cialist Republics and, when executed, they will be returned through the same channel. 2. Letters rogatory issued out of a court in the United States forwarded for execution in the Union of Soviet Socialist Republics should be addressed to the Supreme Court of that constituent re- public which is competent to execute such letters rogatory. In case the exact title of the Soviet court is unknown to the court which issues the letters rogatory, the letters rogatory may be addressed "to the competent court of the Union of Soviet Socialist Republics". 3. Requests of courts in the United States for the execution of letters rogatory addressed to courts in the Union of Soviet Socialist Republics should specify the name of the court out of which they issue, as well as the names of the parties to the action in which the tp.,stimony called for by the letters rogatory is desired. 4. Requests for the execution of letters rogatory should be accom- panied by Russian translations of all the basic documents, such as the interrogatories themselves and any accompanying instructions to the executing court. It will be sufficient in the case of documents of secondary importance to forward short summaries of their con· tents in the Russian language. 5. Depending upon the nature of the letters rogatory, a fee yary- ing from five to ten dollars ($5 to $10) will be charged for the execution of letters rogatory issued out of courts in the 'C'nited 10401\lo-::tl-I'1 ' n-114