(no subject)

I'm watching Season Three of The Good Wife. In one episode, a British character who is defeated in a libel suit re-opens the suit in a British court and requires the defendants (who are defended by the starring firm and a team including the central character) to provide letters rogatory (essentially a deposition) via teleconference to a court in London.

Only problem with this? It doesn't work that way. From Wikipedia (my emphasis):

Another reason why a court may require assistance from a foreign court is to obtain evidence from a witness. This evidence may be to answer questions relevant to the determination of an issue of fact, or for disclosure of documents.

Courts only have power to subpoena witnesses from within their own country. So for example Alice in the U.S. could not summon Jean from France to the U.S. courthouse. Instead the U.S. court would issue a letter rogatory to a French court, who would then examine Jean in France, and send a deposition back to the requesting court.

Insofar as requests to United States courts are concerned, the use of letters rogatory for requesting the taking of evidence has been replaced in large part by applications under 28 U.S.C. section 1782, or Section 1782 Discovery.

So, if the British court wanted testimony from US persons, the testimony would be taken in a US court. And it wouldn't be done by a letter rogatory in any event.

Oh, and the concept that this is a British practice that the American lawyers would not have heard of? Also not so valid.

The use of letters rogatory for purposes of service of process to initiate court action is now largely confined to the Americas, as between countries in Europe, Asia, and North America, service of process is effected without resort to letters rogatory, under the provisions of the Hague Service Convention.

(no subject)

So, LJ seems to be among those conspiring against me today. I posted earlier about another email from Glasgow, asking for documentation I had already sent them (twice). But the entry appears not to have ... appeared.

However, after emailing it to them again, and uploading it to their application system again, I have gotten an acknowledgement that they have it and will be issuing me an unconditional offer shortly, to replace my conditional offer. This means I can move forward on the visa front.

Double-checking, I am looking at the email I sent them earlier that had the document they wanted attached. It's right there, and it's what they asked for (my passport), not what they suggest that I sent (my driving license). But, well, never mind. They have what they need now.

in commuting news

Why is it the days that I want to get to work early that the universe picks to have accidents on the Beltway? I'm just curious.

However, I was amused on my way to work by seeing a huge SUV, with a jacked up suspension and huge tires, that had as a license plate "LEMNRUS".

:-) Nice one.

(no subject)

Never let it be said that government employees are not literate.

In the course of one afternoon, one colleague invoked Tennessee Williams in explaining the timing of a joint report we manage ("As Blanche DuBois would say, we depend on the kindness of strangers"),

And another quoted Faulkner's line, "The past is never dead. It's not even past." Then, when I mentioned the previous reference, he said, "Well, it's the government--Southern Gothic is, well, kind of appropriate."

I enjoy my colleagues.