Who must sign this agreement?

Authorized officials sign based on jurisdictional rules: typically the governor or a designated representative, or an attorney general’s office official. Confirm local delegation rules before signing to ensure authority.

Is notarization required?

Notarization depends on state and agency practice. Some jurisdictions accept certified electronic copies or e-signatures with audit trails while others require wet-ink notarization; verify with receiving authority.

Can the document be e-signed?

Yes, when ESIGN and relevant state law permit electronic signatures. Ensure evidence of intent, consent, attribution, and reliable record retention to meet legal validity tests.

What supporting documents are needed?

Attach certified charging documents, arrest warrants, court orders, identification, and any medical or custodial directives relevant to safe transport and legal custody.

How should sensitive health information be handled?

Limit health data to the minimum necessary, secure transmissions under HIPAA controls, and include appropriate release language when medical records accompany the extradition request.

What causes the most common rejections?

Missing certified documents, incomplete identifiers, lack of proper authorization, or incorrect notarization often prompt rejection. Confirm checklist items before submission to avoid rework.

Extradition Agreement

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EXTRADITION AGREEMENT

Parties

Requesting Authority Requested Authority

Recitals

WHEREAS, Requesting Authority: has requested the surrender or provisional custody of an individual for the purposes of investigation, prosecution, or execution of sentence; and

WHEREAS, Requested Authority: is willing to consider compliance with such request in accordance with the terms set forth in this Agreement and applicable law;

WHEREAS, the parties desire to set forth the procedures, obligations, costs, and safeguards related to the transfer, custody, transport, and return of persons subject to extradition or provisional transfer;

Definitions

For purposes of this Agreement, "Person" means the individual for whom transfer is sought; "Request" means the formal written request of the Requesting Authority; and "Transfer" means the physical movement of the Person from the Requested Authority's custody to the Requesting Authority's custody.

Scope of Work

Description of Transfer, Custody and Transport Arrangements

Mandatory Documentation and Conditions

The Request shall be accompanied by the following, when applicable. The Requested Authority may require authentication as provided by its law:

Arrest warrant or equivalent judicial order

Formal charge, indictment, or judgment document

Certification of identity and relevant records

Certified translations where required

Payment Terms

The Requesting Authority shall reimburse costs incurred by the Requested Authority in connection with the transfer, custody, and transport of the Person as set forth below.

Total Estimated Amount Payment Schedule and Method Late Payment Fee

Term and Termination

This Agreement shall commence on and shall remain in force until unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon written notice delivered to the other party no fewer than days prior to the effective date of termination. Termination shall not affect obligations incurred prior to termination, including payment obligations.

Confidentiality

Each party shall maintain as confidential all non-public information received in connection with this Agreement, including records, identities of protected witnesses, and medical information. Confidential information shall not be disclosed except to the extent required by law or necessary for the performance of obligations under this Agreement. The obligations of confidentiality shall survive termination for a period of years.

Compliance with Law and Human Rights

Each party represents and warrants that all actions under this Agreement shall be taken in accordance with its applicable domestic law and with obligations under applicable international human rights and humanitarian law. No person shall be transferred where the transfer would violate non-refoulement obligations or where a substantial risk of torture, inhuman or degrading treatment exists.

Dispute Resolution

The parties shall seek to resolve disputes concerning the interpretation or performance of this Agreement by consultation and negotiation. If the parties cannot resolve a dispute within thirty (30) days, the parties may jointly submit the matter to arbitration under mutually agreed rules, or to a forum agreed in writing.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of , without regard to its conflict of laws principles.

Indemnification

Each party shall indemnify, defend, and hold harmless the other party from claims, liabilities, losses, and expenses arising out of its negligent or willful acts or omissions in connection with the performance of this Agreement, except to the extent such claims result from the other party's breach or misconduct.

Entire Agreement

This Agreement constitutes the entire understanding between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations, and understandings. Any amendment must be in writing and signed by authorized representatives of both parties.

Notices

Notice Recipient for Requesting Authority Notice Recipient for Requested Authority

Representations and Authorizations

Each party represents that it has the authority to enter into and perform under this Agreement and that the persons signing below are authorized representatives empowered to bind their respective authority.

Requesting Authority

Printed Name:

By:

Date:

Title:

Requested Authority

Printed Name:

By:

Date:

Title:

What an Extradition Agreement Covers

An Extradition Agreement documents the legal process by which one jurisdiction surrenders a person accused or convicted of a crime to another jurisdiction that has asserted custody. In the United States this often involves formal requests between governors or law enforcement under interstate compacts and statutory authority, and may reference arrest warrants, charging documents, and judicial findings. The agreement defines who is to be transferred, the legal grounds for surrender, responsibilities for transport and custody, and the required authorizations and authentication to make the transfer lawful and administratively traceable.

Why a Clear Extradition Agreement Matters

A properly drafted Extradition Agreement reduces legal uncertainty, speeds lawful transfers, and documents chain of custody and authority to minimize disputes and liability.

Primary Users and Stakeholders

Typical parties that prepare, approve, or rely on an Extradition Agreement include government legal offices, law enforcement, and courts.

State attorneys general and governors’ offices coordinating interstate or intergovernmental requests and approvals.
Sheriff’s departments and state police responsible for arrest, custody, and physical transfer logistics.
Court clerks and prosecuting attorneys providing certified charging documents, warrants, and certifications.

Each stakeholder must confirm authority to act, follow statutory requirements, and preserve records to support the transfer and any subsequent proceedings.

Core Elements to Include in the Agreement

A professional Extradition Agreement groups legal authority, identifying information, procedural steps, and authentication controls so both sending and receiving jurisdictions understand roles and liabilities.

Parties

Identify the sending and receiving jurisdictions, authorizing officials, and any delegated agencies or officers responsible for execution and transport.

Legal Basis

Cite the statutory or interstate-compact authority enabling transfer, including any court orders, warrants, or governor’s certification.

Subject Details

Provide full identifying information: full legal name, aliases, DOB, physical description, and unique identifiers such as TCNs or booking numbers.

Charges & Documentation

Attach certified charging documents, arrest warrants, or judgments that justify custody and transfer under applicable law.

Transfer Terms

Specify custody handoff procedures, transport timelines, responsible agency for secure conveyance, and payment or cost allocation if applicable.

Authentication

Record signatures, notarizations, and authentication method for electronic documents so authorities can verify provenance and integrity.

Essential Information to Record

Full Legal Name: Exact name on government ID

Date of Birth: MM/DD/YYYY format

Identifying Numbers: Booking number or TCN

Authority Cited: Warrant or statute

Signatory Title: Governor, AG, or designee

Signatures: Signed and dated

Step-by-Step: Preparing and Executing an Extradition Agreement

Follow a structured sequence to ensure legal sufficiency, authentication, and secure transfer logistics for the subject.

01

Assemble records: Collect warrants, charging papers, and identity documents.
02

Verify authority: Confirm governor or court authorization to surrender custody.
03

Draft agreement: Specify parties, dates, transport methods, and obligations.
04

Authenticate and transmit: Sign, notarize (if required), and send to receiving authority.

Where to Send and How the Routing Works

Routing depends on whether the transfer is interstate, international, or between agencies; confirm statutory routing and delivery addresses before transmission.

Governor’s Office: Official interstate extradition requests often route through the governor or governor’s counsel.
Attorney General: State AG offices commonly prepare legal certifications and coordinate documents.
Law Enforcement: Sheriff or state police arrange custody and transport logistics.
Federal Liaison: If federal involvement exists, send copies to the relevant U.S. attorney or federal agency.

Digital Submission and Platform Considerations

Electronic delivery is common for initial transmission, but verify acceptance rules with the receiving office in advance.

Supported Formats: PDF and DOCX are broadly accepted for certified copies.
Authentication Options: Use e-signature with audit trail and optional 2FA.
Integrations: Platforms may integrate with case management systems.

When using e-submission, retain original signed and certified documents and follow any jurisdictional rules for notarization or certified copies.

Typical Timelines and Time-Sensitive Deadlines

Certain actions trigger time limits for review, custody transfer, or judicial processing; document dates clearly to preserve compliance and appeal rights.

Request Issuance:

Issue as soon as probable cause is established; immediate transmission reduces detention time.

Warrant Attachment:

Attach certified warrant at time of request to validate custody.

Transport Window:

Coordinate dates for handoff and travel to avoid custody gaps.

Judicial Review:

Allow time for habeas corpus or review petitions following surrender.

Record Retention:

Retain records per agency policy and legal retention obligations.

Common Errors That Cause Delays

Incomplete identification details lead to mistaken identity or refusal by the receiving jurisdiction and can lengthen detention periods.
Omitting certified charging documents or sealed warrants frequently causes administrative rejection and requires reissuance with certified copies.
Failing to confirm whether notarization or a governor’s signature is required results in noncompliant submissions and potential legal challenges.
Using inconsistent statutory citations or vague charge descriptions invites verification demands and judicial inquiry into probable cause.

Consequences of an Incorrect or Incomplete Agreement

Transfer Refusal: Receiving state may decline custody

Legal Challenge: Subject may file habeas corpus

Civil Liability: Agencies may face tort claims

Detention Delay: Extended pretrial custody

Operational Costs: Additional transport and lodging expenses

Record Noncompliance: Retention breaches and audit issues

Comparing eSignature Vendors for Extradition Documents

Select an eSignature provider that supports secure PDFs, audit trails, optional HIPAA Business Associate Agreements, and integrations with case or records systems; signNow appears first for comparison.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Yes	Yes	Yes	Yes
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA)	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions

Answers to common questions about drafting, authenticating, and transmitting Extradition Agreements to reduce delays and legal risk.

Need help? Contact support

Who must sign this agreement?
Authorized officials sign based on jurisdictional rules: typically the governor or a designated representative, or an attorney general’s office official. Confirm local delegation rules before signing to ensure authority.
Is notarization required?
Notarization depends on state and agency practice. Some jurisdictions accept certified electronic copies or e-signatures with audit trails while others require wet-ink notarization; verify with receiving authority.
Can the document be e-signed?
Yes, when ESIGN and relevant state law permit electronic signatures. Ensure evidence of intent, consent, attribution, and reliable record retention to meet legal validity tests.
What supporting documents are needed?
Attach certified charging documents, arrest warrants, court orders, identification, and any medical or custodial directives relevant to safe transport and legal custody.
How should sensitive health information be handled?
Limit health data to the minimum necessary, secure transmissions under HIPAA controls, and include appropriate release language when medical records accompany the extradition request.
What causes the most common rejections?
Missing certified documents, incomplete identifiers, lack of proper authorization, or incorrect notarization often prompt rejection. Confirm checklist items before submission to avoid rework.

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