In Re Letters Rogatory From the Tokyo District, Tokyo, Japan

ORDER

On May 28, 1976, “Letters Rogatory for International Judicial Assistance” from Judge Tsuneyoshi Ishida of the Tokyo District Court, Japan, were presented ex parte to the district court for the Central District of California. A copy of the “Procedures for Mutual Assistance in Administration of Justice in Connection with the Lockheed Aircraft Corporation Matter” agreed to by Japan and the United States on March 23, 1976 (hereinafter the “mutual assistance agreement”) accompanied the Letters. The Letters requested immediate assistance in the taking of in camera depositions of certain residents (hereinafter the “witnesses”) of the district. The depositions were to be used in criminal investigations and possible future criminal trials in Japan.

Upon presentation of the Letters, the district judge appointed three commissioners (one to preside over the depositions and two to conduct the questioning) and issued subpoenas duces tecum directed to the witnesses.

On June 4, 1976, the witnesses moved to quash the subpoenas on numerous grounds. On June 11, 1976, the district judge issued an order finding that the Letters were authentic and that 28 U.S.C. § 1782 did authorize the taking…