The request for extradition is made by diplomatic note prepared by the Department of State and transmitted to the foreign government through diplomatic channels. The documents specified in the treaty must accompany the extradition request. The Office of International Affairs (OIA) attorney will advise the prosecutor of the documentary requirements and provide exemplars, but it is the responsibility of the prosecutor to prepare and assemble the documents. The OIA attorney will review and approve the draft documents. Once the documents are finalized, following consultation with OIA, the prosecutor forwards the original and an OIA-specified number of copies to OIA in time for the documents to be translated, assembled, authenticated, and sent through the Department of State to the foreign government within any specified deadline.

Although variations exist, extradition requests generally are composed of:

1. • An affidavit from the prosecutor explaining the facts of the case and the charged offenses.

1. • Copies of the statutes alleged to have been violated and the statute of limitations.

1. • If the fugitive has not been prosecuted, certified copies of the arrest warrant and complaint or indictment.

1. • Evidence, which may need to be in the form of witness affidavits, reports or documentary evidence, or summaries thereof, establishing that the crime was committed, including sufficient evidence (i.e., photograph, fingerprints, and affidavit of identifying witness) to establish the defendant's identity.

1. • If the fugitive has been convicted, a certified copy of the order of judgment and committal establishing the conviction, and an affidavit (i) stating that the sentence was not served or was only partially served, (ii) specifying the amount of time remaining to be served, and (iii) providing evidence concerning identity.

Prosecutors should be aware that while there are few workable defenses to extradition, appeals and delays are common. Fugitives may be able to contest extradition on the basis of minor inconsistencies resulting from clerical or typographical errors. Although it may be possible to remedy these alleged defects, that process takes time. Therefore, pay careful attention to detail in preparing the documents.

[cited in JM 9-15.230]

[updated April 2018]