- The US and Guatemala are both parties to the Inter-American Convention on Letters Rogatory and its Additional Protocol
- Guatemala's Central Authority is the Supreme Court of Justice; the US one is the Department of Justice
- The US excluded evidence-taking requests (depositions) from the Convention
International letters rogatory are how a court asks a court in another country to carry out a procedural act there. Between the United States and Guatemala, service of process, summonses and subpoenas travel under the Inter-American Convention on Letters Rogatory (1975) and its Additional Protocol (1979): Guatemala deposited its ratifications on 8 May 1980 and 26 February 1988, and the United States deposited both on 28 July 1988 (OAS status pages). Measures of compulsion, such as attachments, are outside the Convention (Art. 3).
Quick summary: For a US→GT service request, the US court’s letter rogatory goes on the Protocol’s forms from the US Central Authority (Department of Justice) to Guatemala’s (Supreme Court of Justice), which passes it to the competent court and certifies the result on Form C. Processing in Guatemala is free except services local law charges; the requesting party supplies the Spanish translation of the complaint. US judgments NOT automatically enforceable in GT — they go through CPCyM Arts. 344-346 before the judge who would have been competent.
Sources read 9 November 2026: the OAS texts and status pages of the Convention and its Additional Protocol, including the US reservations; the Judicial Branch Law (CENADOJ edition updated to 31 July 2025); and the Civil and Commercial Procedure Code (WIPO Lex copy; later reforms not checked).
Most common types of US-Guatemala letters rogatory
| Procedural act | Route | Time |
|---|---|---|
| US lawsuit notification to GT resident | Convention + Protocol, Central Authority to Central Authority | No limit in the treaty texts |
| Witness summons in GT for US case | Convention (Art. 2 covers summonses and subpoenas) + Protocol | No limit in the treaty texts |
| Deposition (declaration) in GT | Outside the Convention for the US (US reservation 1); ask the requesting court | Not published |
| US subpoena service in GT | Convention + Protocol | No limit in the treaty texts |
| GT lawsuit notification to US resident | Guatemalan court sends it through the Supreme Court of Justice (CPCyM Art. 73); the US requires letters rogatory executed there to be translated into English | No limit in the treaty texts |
| Attachment / asset execution | Outside the Convention (Art. 3); requires prior execution of the US judgment (CPCyM Arts. 344-346) | No official timeframe found |
| US judgment recognition in GT | CPCyM Arts. 344-346, before the judge who would have been competent | No official timeframe found |
| US document used in a Guatemalan proceeding outside the treaty channel | Legalization by the Ministry of Foreign Affairs and sworn Spanish translation (Judicial Branch Law Art. 37) | Not published |
Requirements for letter rogatory USA → Guatemala
- Letter rogatory on Form A of the Additional Protocol, issued by the US court (Protocol Art. 3)
- Copy of the complaint or initiating pleading, with a Spanish translation (Art. 3a)
- Untranslated copies of the documents attached to the complaint and of any rulings ordering the letter rogatory (Art. 3b-c)
- Form B, with essential information for the person served (Art. 3d); the Convention also asks for written information naming the issuing court, the time the person has to act, and the consequences of not acting (Convention Art. 8)
- Form C, the certificate on which Guatemala’s Central Authority attests execution or non-execution (Art. 3e)
- Costs: name the person responsible for costs in Guatemala, or attach the fixed amount the State of destination set under the Protocol (Art. 5); the OAS status page shows no Guatemalan schedule
- The recipient’s name and address in Guatemala, where the Guatemalan court serves them
Step by step (USA → Guatemala)
- The US court issues the letter rogatory on Form A with the documents above.
- The complaint is translated into Spanish: the Convention requires the letter rogatory and its documents to be translated into the official language of the State of destination (Art. 5), and the Protocol names the complaint’s translation (Art. 3).
- The US Central Authority (Department of Justice) sends it to Guatemala’s Central Authority, the Supreme Court of Justice (Protocol Art. 1; OAS designations). No legalization is required on this channel (Convention Art. 6).
- The Supreme Court passes it to the competent court, which executes it under Guatemalan law and procedure (Protocol Art. 4; Convention Art. 10).
- The court attests execution under its local law and sends it back to the Supreme Court.
- The Supreme Court certifies execution on Form C, which needs no legalization (Protocol Art. 4).
- Return to the US Central Authority, for delivery to the court that issued it (Protocol Art. 4).
Cost and time
| Concept | Cost | Time |
|---|---|---|
| Processing by Guatemala’s Central Authority and courts | Free, except services local law requires parties to pay (Protocol Art. 5) | No limit in the treaty texts |
| GT court fees | None (Judicial Branch Law Art. 57) | — |
| Spanish translation of the complaint | Not priced in the treaty texts | — |
| GT lawyer (optional) | Not priced in the treaty texts or the Judicial Branch Law | — |
Common mistakes
- Sending the complaint untranslated — the Protocol requires a translation into the language of the State of destination (Art. 3); for Guatemala, Spanish.
- Using the treaty channel for evidence — the US reservation takes letters rogatory for the taking of evidence out of the Convention, so a deposition request needs the route the requesting court chooses.
- Incorrect recipient data in GT — the Guatemalan court serves the person at the address given, so check the name and address before the letter rogatory leaves.
Correction, 24 September 2026. Guatemalan courts charge no court fee: “La justicia es gratuita e igual para todos, salvo lo relacionado con las costas judiciales” (justice is free and equal for all, except court costs; Judicial Branch Law Art. 57). An earlier version listed “GT court taxes” of Q200-Q500.
Correction, 23 September 2026. An earlier version of this page said a US judgment must be “homologated” by the Supreme Court of Justice at a cost of Q5,000-Q15,000 over 6-12 months. Neither figure had a source, and Art. 346 of the Civil and Commercial Procedure Code assigns execution of a foreign judgment to the judge who would have been competent to hear the case, not to the Supreme Court. The conditions are explained in enforcing a US child support order in Guatemala.
Correction, 9 November 2026. An earlier version said every US document needed a state apostille and that MINEX rejects letters rogatory without one, listed US apostille and court fees of $20-$200 and Guatemalan lawyer fees of Q1,500-Q5,000, and had MINEX apostille the Guatemalan result. None of the fees or the rejection rule had a source, and on the Central Authority channel the Convention and its Additional Protocol require no legalization (Convention Art. 6; Protocol Art. 4).
- Expecting US judgment to be automatic in GT — US judgments are NOT enforceable in GT without going through CPCyM Arts. 344-346 first.
Common use cases
Case 1: US divorce lawsuit, spouse in Guatemala
- US court issues letter rogatory to notify spouse in GT of lawsuit
- Once notified, case continues in USA per state law
- For US judgment to have effect in GT (RENAP recording, GT asset division), it must go through CPCyM Arts. 344-346 afterwards — see divorcing in Guatemala while living in the USA
Case 2: Deposition for US case
- US lawyer needs testimony from witness in Guatemala
- The United States excluded letters rogatory for the taking of evidence from the Convention (reservation 1), so this request does not travel on the treaty’s Central Authority channel
- Ask the requesting US court which route it will use
Case 3: Process service to GT company in US lawsuit
- Guatemalan company sued in USA
- Service of the US complaint at the company’s GT address travels under the Convention and Protocol
- Service does not commit Guatemala to recognize the US court’s jurisdiction or to execute its judgment (Convention Art. 9)
Case 4: Recognition of US support judgment in GT
- Mother with US child support judgment
- Father returns to Guatemala
- To enforce in GT: execution of the US judgment under CPCyM Arts. 344-346 before the competent judge — a default judgment fails Art. 345 (see enforcing a US child support order in Guatemala)
- Time: no official timeframe found
- Alternative: a new lawsuit in GT
Diaspora — from the USA processing letter rogatory to Guatemala
If you live in the USA and need to coordinate letter rogatory from there:
- Work with a US lawyer who has handled service abroad
- Check the channel: service goes Central Authority to Central Authority; evidence requests are outside the treaty for the US
- Consider hiring Guatemalan lawyer to provide local follow-up
- Documentation: Form A + complaint with Spanish translation + untranslated attachments and rulings + Forms B and C
- US deadlines: neither treaty text sets an execution time, so raise the timing with the US court before you file
- Result: Form C, certified by Guatemala’s Supreme Court of Justice, which needs no legalization (Protocol Art. 4)
Diaspora tip: For repetitive cases (US company with many services to GT companies), establish a relationship with a GT lawyer who can follow letters rogatory as regular practice.
Related trámites
- Organismo Judicial Hub — all OJ trámites
- MINEX Apostille — for Guatemalan documents used in the USA outside the letter rogatory channel
- Judicial Divorce OJ — typical case needing letters rogatory
- OJ Child & Spousal Support — another typical cross-border case
- OJ Civil Debt Collection Lawsuit — for cross-border collections