RULE 44
PROOF OF OFFICIAL RECORD
(a) Authentication.
(1) Domestic. An official record kept within the United States, or any
state, district, or commonwealth, territory, or within a territory subject
to the administrative or judicial jurisdiction of the United States, or an
entry therein, when admissible for any purpose, may be evidenced by an
official publication thereof or by a copy attested by the officer having
the legal custody of the record, or by the officer's deputy, and
accompanied by a certificate that such officer has the custody. The
certificate may be made by a judge of a court of record of the district or
political subdivision in which the record is kept, authenticated by the
seal of the court, or may be made by any public officer having a seal of
office or official custody of the seal of the political subdivision and
having official duties in the district or political subdivision in which
the record is kept, authenticated by the seal of the officer's office or
the seal of the political subdivision.
(2) Foreign. A foreign official record, or an entry therein, when
admissible for any purpose, may be evidenced by an official publication
thereof; or a copy thereof, attested by a person authorized to make the
attestation, and accompanied by a final certification as to the genuineness
of the signature and official position (A) of the attesting person, or (B)
of any foreign official whose certificate of genuineness of signature and
official position relates to the attestation or is in a chain of
certificates of genuineness of signature and official position relating to
the attestation. A final certification may be made by a secretary of
embassy or legation, consul general, consul, vice-consul, or consular agent
of the United States, or a diplomatic or consular official of the foreign
country assigned or accredited to the United States. If reasonable
opportunity has been given to all parties to investigate the authenticity
and accuracy of the documents, the court may, for good cause shown, either
admit an attested copy without final certification or permit the foreign
official record to be evidenced by an attested summary with or without a
final certification. The final certification is unnecessary if the record
and the attestation are certified as provided in a treaty or convention to
which the United States and the foreign country in which the official
record is located are parties.
(b) Lack of Record. A written statement that after diligent search no
record or entry of a specified tenor is found to exist in the records,
designated by the statement, authenticated as provided in subsection (a)(1)
of this rule in the case of a domestic record, or complying with the
requirements of subsection (a)(2) of this rule for a summary in the case of
a foreign record, is admissible as evidence that the records contain no
such record or entry.
(c) Other Proof. This rule does not prevent the proof of official
records or of entry or lack of entry therein by any other method authorized
by law.
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