The sources of the international rogatory are bilateral or multilateral agreements and the rules on international judicial assistance. In general according to the international procedural law, rogatory means, in order to render a finalized judgment in a pending case, executing the procedural actions, which the court cannot execute owing to the physical and legal obstacles, such as hearing the parties or the witnesses; expert examining; viewing; locating the address; requesting the information and documents; drawing blood; making DNA test; obtaining health report; requesting for vital record; inquiring about the economic and social status within the framework of the mutual legal assistance between the States. Turkey has concluded with many countries bilateral legal assistance agreements for the execution of the rogatory requests and also it is a party to Convention of 1954 on Civil Procedure and 1970 Convention on the Taking of Evidence Abroad in Civil or Commercial Matters which are most important international source on this subject. As a rule, in the event that rogatory is requested from foreign countries, it is searched whether there is bilateral agreement or multilateral convention between Turkey and that country. If there is bilateral agreement or multilateral convention between Turkey and that country, the rogatory is executed in accordance with the provisions of the agreement of convention thereof. If there is not any bilateral agreement or multilateral convention between Turkey and that country, the rogatory is executed in accordance with the international legal assistance rules within the framework of reciprocity principles. As it is, a letter of request for rogatory in which the proceedings to be carried out are defined, which is signed and sealed by the relevant judicial authority and constitutes the basis for the request for rogatory to be sent to the judicial authorities of the foreign country is drafted. In addition, the names and addresses of the plaintiff and defendant and the witnesses to be heard, shortly the subject of the case, is listed in items in the mentioned letter of request. Turkish original and certified copies of the documents attached to the letter of request should be sent to our Ministry accompanied with their translations into the language of the requested country in two sets.

Because United Kingdom, France, United States of America do not consider the request concerning address location as the proceedings to be carried out in the scope of rogatory, such requests concerning the location of the clear address of the persons cannot be executed by those countries. For this reason, it is possible to obtain the clear address of the persons present in the United Kingdom for a fee paid by the relevant person from www.192.com–http://www. electoralcommission. org.ukhttp://www.gro.gov.uk web sites. Also in the same way, it is possible to obtain the address for a fee from www.greffe-tc-paris.fr web site. By the letter dated 21/10/2009 and numbered 913.20/2009/Vaşington/24514 received from the Ministry of Justice concerning the locating the address of the persons present in the United States of America, it is stated that the possibility to get positive results is much higher when the local firms in the state or province where the person about whom the search is requested are applied. It is possible to access the guides concerning the mentioned firms through “http:/www.serve-now.com  and http:/www.napps.org” web sites.

Request for locating clear address of the natural persons present in Austria cannot be executed by the Judicial Authorities of Austria. For this reason, it is possible to execute the request for locating the clear address of the natural persons by applying the central registration system in the address of “Zentrale Melde Service der Magistratsabteilung 62, Wimbergasse 14-16,1070 Wien” by defining plaintiff’s (requesting person) and defendant’s dates of birth.

Under Article II/A-1 of Notice on Procedures and Principles Required to be Complied with In the Requests for Abroad Service of Documents and Rogatory of the Ministry of Justice issued in the Official Gazette dated 12/12/2011 and numbered 28140, it is required to take 20 TL postage cost for Turkish Republic of Northern Cyprus and 33 TL cost for other countries; not to stamp the rogatory document; to define the postage cost without further notification of the Ministry and to deposit this cost to the account of “Miscellaneous Incomes” of the Ministry of Finance and to attach the receipt thereof; to deposit 550 TL for each witness as advance payment to the cashier desk of the court as authorities of Germany and Quebec state of Canada request cost for executing our rogatory requests and to define this matter in the letter to be sent to our Ministry; to deposit 3.000 TL for the DNA test abroad, 1.500 TL for blood test and to deposit 500 TL for taking blood and tissue samples from persons abroad which is to be examined in Turkey; to deposit 235 TL as advance payment to the cashier desk of the court which is to be paid when requested by foreign judicial authorities in the other instruction requests (such as account examination, taking health report); to take “Commitment” from the relevant person in order to provide the cost other than the postage cost when requested by the judicial authority of the foreign country.

Moreover, the requests concerning the search the economic and social status of Turkish nationals living abroad are sent to the Turkish diplomatic representatives where relevant Turkish nationals live on condition that the mentioned Turkish nationals’ last known address is defined and their vital records are sent. In this situation, there is no need to deposit cost.
 
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