“reciprocity” (28 United States Code Section 1782), as foreign evidence request designated as "Commissioners", when United States foreign service shall execute as duty [Foreign Service Act of 1980, 22 United States Code Section 4215; 4221, Fed. R. Civil Proc. 28(b)] with proper execution to authority as Letter of Request, and or as voluntary statement made by persons ex parte :
"To the Appropriate Authority [e.g. Officina Internacional de Politiesse Estados Unidos Ministerio Legales] or court.
Elements of Request as affidavit or affirmation by oath :
(d) [Country, if foreign]
(b) Former name (s).
(1) Former address's
(e) Name of spouse or other relative or associate.
(1) Relationship to person
(f) Status of affiant.
(1) Plaintiff or defendant
(2) Partner, owner, officer
(3) Agent, principle, employee
(4) Other status, or capacity of affiant
(g) Identification as witness or participant
(1) Background or history
(h) Reason for having knowledge of matters set forth.
(1) Background or history
3. Oaths, or sworn testimony
(a) Recital of being sworn.
(b) Designation of officer taking oath ("Commissioner" 28 USC 1782).
(1) Notary public.
(2) Clerk of court or county.
(3) Judge, justice, or magistrate.
(5) Officer of Armed Forces
(c) Recital of commission of officer
(d) Recital of authority to administer oaths and affirmations
4. Statement of Affiant.
(a) History or background of situation described.
(b) Facts relating to situation
(1) Names and addresses of participants, observers or persons with facts relating to situation.
(2) Dates, times, and locations of happenings.
(c) Reasons and motives of parties.
(d) Causes and effects of happenings.
(e) Alternative statements, facts, reasons, causes, motives, etc...
(f) Probative value of affiant's statement.
(1) Reason for knowledge.
(2) Relationship to persons or events.
(3) Information related to affiant by others.
(4) Information and beleif
(g) Purpose of affidavit
(1) Inducement to named or designated person to take action
(2) Acknowledgment that party will act on statements made by affiant.
5. Date, Location of Signing and Signature.
(a) Designation of affiant as agent and name of principle.
(b) Designation of affiant as attorney-in-fact.
(c) Designation of status of capacity of affiant.
(a) Subscribed and sworn to.
(b) Personally sworn to before officer.
(c) Signed in presence of officer.
(1) Acknowledgement of signature by affiant.
(d) Affiant personally known to officer.
(f) Identification of officer taking oath.
(4) Expiration of Commission
(g) Capacity of affiant.
(1) Blind and affidavit read to him or her.
(2) Illiterate and affidavit read to him or her
(3) Interpreter for affiant unable to understand English
(A) Name and address of interperter.
(4) Witnesses to above actions.
(5) Belief of officer that affiant understood affidavit.
(i) Seal, ( Authentication marks )
Thomson West. West's Legal Forms. 4th ed. Vol. 30. Thomson Reuters/ West, 2008. pgs 263-267
Ristau, Bruno A. “International Judicial Assistance Civil and Commercial.” Vol. 1 2000 Rev. Intl. Law Institute Washington D.C. pgs 43-68, 109-125. See Also.
Bruno, A. Ristau J.D., LL.M. expert opinion
Eren Law Firm <http://www.erenlaw.com/lawyers/bristau.html>
Argentine Republic v. Amerada Hess Shipping Corp., 488 U.S. 428 (1989) (Briefed and argued case in the Second circuit and in the Supreme Court)
United States v. Alvarez-Machain, 504 U.S. 655 (1992) (Presented amicus brief on behalf of the Government of Mexico)
As Expert Witness: an official at the U.S. Department of Justice Mr. Ristau served during 1972-1976 as the Department’s representative on an Executive Branch panel that drafted the bill which was enacted in 1976 as the Foreign Sovereign Immunities Act, 28 U.S.C. Sec. 1330, 1602-1611. His Congressional testimony on this statute has been repeatedly cited by the Supreme Court and by lower federal courts.
In the late 1970’s Mr. Ristau also participated in the drafting and the presentation to Congress of the Diplomatic Relations Act of 1978, 22 U.S.C. Sec. 254a, and the International Economic Emergencies Powers Act, 50 U.S.C. Sec. 1702.