How to Request Mutual Legal Assistance: A Step-by-Step Guide for Lawyers (2025)

For lawyers navigating international cases, the ability to effectively secure evidence from abroad is a critical skill. Indeed, the Mutual Legal Assistance (MLA) process is the primary channel for this. However, a misstep can mean delays of months or even a denied request. Therefore, a well-drafted MLA request is more than just paperwork; in fact, it is a strategic legal instrument that can make or break a case.

This 2025 step-by-step guide is designed specifically for legal practitioners. Consequently, we move beyond theory to provide a practical, actionable framework for drafting, submitting, and tracking a successful MLA request. Ultimately, this guide will help you avoid common pitfalls, understand what Central Authorities look for, and navigate the complexities of international legal cooperation with confidence.

📋 Pre-Request Checklist: Essential Groundwork

Before drafting your request, you must complete this crucial groundwork. Otherwise, failure here becomes a primary reason for delays and rejections.

First, identify the Correct Treaty Basis: You must determine the applicable bilateral or multilateral treaty (e.g., US-India MLAT, UN Convention against Corruption). However, if no treaty exists, you may need to rely on the principle of reciprocity, which is less certain.
Next, confirm Dual Criminality: You should verify that the conduct under investigation constitutes a criminal offense in the requested state because this is a fundamental requirement for most treaties.
Furthermore, exhaust Local Remedies: Ensure you cannot obtain the evidence through other means, such as via a letter of request to a foreign company under the U.S. CLOUD Act.
Finally, gather Preliminary Information: Have all essential details ready: full identities, addresses, and bank account numbers. Ultimately, vague requests often face rejection.

📝 Step 1: Drafting the Letter of Request (LOR)

The Letter of Request (LOR) is the cornerstone of your application. Therefore, it must be precise, comprehensive, and fully compliant with the chosen treaty’s requirements.

Key Sections to Include:

First, include Identifying Information: Clearly identify the requesting and requested states’ Central Authorities.
Then, provide a Statement of Legal Basis: You must cite the specific article of the treaty under which you are requesting assistance.
Next, offer a Summary of the Case: Provide a concise, clear overview of the facts of the case, including the nature of the offense and relevant dates.
Additionally, explain the Purpose of the Request: Explain why the requested assistance is crucial to the investigation or prosecution.
Also, specify Confidentiality Requirements: Specify if the request needs confidentiality to protect the investigation’s integrity.
Most importantly, provide Details of Assistance Sought: This is the most critical section, so you must be incredibly specific.

Example of a Bad Request:

“Please obtain all bank records for John Doe.”

Example of a Good Request:

“Pursuant to Article 5 of our MLAT, we request that your competent authorities obtain from the Bank of Zurich, Hauptstrasse 100, Zurich, account number 123456789, all account opening documents, monthly statements, and wire transfer records for account holder Johnathan A. Doe for the period January 1, 2023, to present.”

🧑‍💻 Step 2: Assembling Supporting Documentation

The LOR alone is insufficient. Therefore, it must be accompanied by robust supporting docs that empower the requested state to act.

First, include Certified Translations: All documents must undergo translation into the official language of the requested state by a certified translator.
Next, provide a Statement of Dual Criminality: Include a brief legal memorandum explaining how the alleged conduct violates the requested state’s laws.
Then, attach Relevant Legal Documents: Include copies of the arrest warrant, court order, or indictment that authorizes the investigation.
Finally, include Affidavits or Summaries: Provide sworn statements summarizing the evidence already gathered and establishing probable cause.

📤 Step 3: Submission Through the Central Authority

You should not send the request directly to a foreign judge or police agency. Instead, it must undergo transmission through the official Central Authority.

For example, handle Domestic Transmission: In the U.S., lawyers typically submit the request package to the Office of International Affairs (OIA) at the U.S. Department of Justice. Similarly, the UK’s Central Authority is the Home Office.
Furthermore, conduct Follow-Up: Obtain a unique reference number from your Central Authority for tracking. Then, politely follow up every 4-6 weeks, as requests can sit in queues.

⏳ Step 4: The Waiting Period & Managing Expectations

The MLA process is notoriously slow. Therefore, understanding the timeline is key to managing client expectations.

Consider Realistic Timelines: A simple request may take 6-9 months. However, complex requests involving multiple banks can take 18-24 months or more.
Understand Reasons for Delay: Backlogs at Central Authorities, judicial review, and translation needs can all cause significant delays.
Know What You Can Do: Maintain a log of all communications. If a request is urgently time-sensitive, your Central Authority may be able to escalate it.

❌ Step 5: Handling Rejections and Challenges

Requests can face denial. Therefore, understanding why allows you to remediate.

Learn the Common Grounds for Refusal:
- Political Offense: The crime is deemed political in nature.
- National Interest: The request threatens sovereignty or security.
- Death Penalty: The requested state prohibits assistance for death penalty-eligible crimes.
- Overly Broad/Fishing Expedition: The request lacks specificity.
Navigate the Appeal Process: If a request faces denial, work with your Central Authority to understand the exact reason. Often, you can amend and re-submit a narrowed, more precise request that addresses the concern.

🌐 2025 Update: The Rise of E-MLA and Digital Submissions

The process is modernizing. For instance, many countries, particularly in the EU, are moving to electronic MLA (E-MLA) platforms. These systems, like those promoted by the Council of Europe, allow for secure digital transmission of requests, which reduces transit time and improves tracking. Therefore, you should inquire with your Central Authority if this option is available for your target country.

📊 Case Study: A Successful Request in Action

Scenario: A U.S. prosecutor needs bank records from Switzerland for a fraud case.

The Action:

First, the lawyer drafted a hyper-specific LOR targeting a named bank and specific account number.
Then, the package included a certified German translation and a memo on dual criminality.
Next, the request underwent submission to the U.S. DOJ’s OIA, which transmitted it to Switzerland’s Federal Office of Justice.
After 10 months, the certified bank records were received and admitted as evidence at trial.

The Lesson: Consequently, precision, patience, and perfect paperwork are paramount.

❓ MLA Request FAQs for Lawyers

Q1: Can I request assistance for a client under criminal defense?
Yes. Defense counsel can petition their government’s Central Authority to make a request on behalf of a defendant to obtain exculpatory evidence located abroad. However, the standard for approval is often high.

Q2: What is the single most common mistake lawyers make?
Lack of specificity. In fact, requests that are overly broad are the leading cause of denial or lengthy delays.

Q3: How can I track the status of my request?
Your primary point of contact is your country’s Central Authority. For example, the U.S. DOJ OIA receives updates from the foreign state. However, there is no public online tracking system.

Q4: Are there costs associated with an MLA request?
Typically, the requested state bears the cost of execution. However, extraordinary expenses may be billed to the requesting state.

Q5: Can I expedite a request?
It is very difficult. Generally, true expedited processing is only granted for matters involving immediate threat to life or terrorism. Therefore, court deadlines are rarely sufficient grounds.

🧭 Conclusion: Precision and Patience Are Your Best Tools

Successfully navigating the MLA request process tests a lawyer’s diligence and attention to detail. Therefore, there are no shortcuts. By meticulously drafting your Letter of Request and working patiently through the proper channels, you transform a bureaucratic hurdle into a powerful tool for justice.

Ultimately, mastering this process positions you to handle the most complex international cases and deliver the best possible outcomes for your clients.

For a foundational understanding, watch video of our guide: What is Mutual Legal Assistance? The 2025 Complete Guide. To understand how this differs from capturing fugitives, see our article on The Extradition Process Explained.