Rule 44.Proof of Official Record

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceRule 44 lays out how to authenticate a domestic or foreign official record for use in a Colorado civil case, lets a party prove through a diligent-search statement that no record exists, and makes clear that other lawful methods of proof remain available too.

Full Text of Rule 44

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Authentication.

(1) Domestic. An official record kept within the United States, or any state, district, or commonwealth, 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 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.

(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, (A) admit an attested copy without final certification or (B) 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 method authorized by law.

(d) Seal Dispensed With. In the event any office or officer, authenticating any documents under the provisions of this Rule, has no official seal, then authentication by seal is dispensed with.

(e) Statutes and Laws of Other States and Countries. A printed copy of a statute, or other written law, of another state, or of a territory, or of a foreign country, or a printed copy of a proclamation, edict, decree, or ordinance by the executive power thereof, contained in a book or publication purporting or proved to have been published by the authority thereof, or proved to be commonly admitted as evidence of the existing law in the judicial tribunals thereof, is presumptive evidence of the statute, law, proclamation, edict, decree, or ordinance. The unwritten or common law of another state, or of a territory, or of a foreign country, may be proved as a fact by oral evidence. The books of reports of cases adjudged in the courts thereof must also be admitted as presumptive evidence of the unwritten or common law thereof. The law of such state or territory or foreign country is to be determined by the court or master and included in the findings of the court or master or instructions to the jury, as the case may be. Such finding or instruction is subject to review. In determining such law, neither the trial court nor the appellate court shall be limited to the evidence produced on the trial by the parties, but may consult any of the written authorities above named in this section (e), with the same force and effect as if the same had been admitted in evidence.

End

Amendment History

Amended October 8, 1992, effective January 1, 1993.

Plain-English Summary

Rule 44 gives parties a reliable way to get official records into evidence. A domestic record, kept anywhere in the United States or a territory under U.S. jurisdiction, can be proved through an official publication of the record or a copy attested by the officer who has legal custody of it, along with a certificate confirming that custody. A judge of a court of record or another public officer with an official seal in that district can issue the certificate.

Foreign official records need an added layer: an attested copy along with a final certification of the signature and position of the person who attested it, made by a listed diplomatic or consular official. If all parties have had a reasonable chance to check the record's authenticity, the court may excuse the final certification for good cause, or allow an attested summary of the record instead. No certification is needed at all if a treaty between the United States and the foreign country already covers it. And if the office or officer authenticating a record has no official seal at all, Rule 44 dispenses with that requirement.

Rule 44 also lets a party prove that no record exists, through a written statement describing a diligent search, authenticated the same way a record itself would be. The rule makes clear it is one option among several: nothing here stops a party from proving an official record, or the absence of one, through any other method the law allows. A separate provision covers proof of the statutes and common law of other states, territories, and countries, including submitting those materials directly to the court rather than the jury.

Frequently Asked Questions

What counts as proper authentication of a Colorado public record?

An official publication of the record, or a copy attested by the officer with legal custody of it or that officer's deputy, accompanied by a certificate, issued by a judge of a court of record or by another public officer with an official seal, confirming that the officer has custody.

How is a foreign government record authenticated?

Through an attested copy plus a final certification of the genuineness of the attesting person's signature and position, made by a listed consular or diplomatic official. The court may excuse the final certification for good cause, or accept an attested summary, once all parties have had a reasonable chance to check the record's authenticity.

Can a party use Rule 44 to show that no record exists?

Yes. A written statement describing a diligent search that turned up no matching record or entry, authenticated the same way an actual record would be, is admissible to show the records contain nothing on that subject.

Is Rule 44 the only way to prove an official record?

No. The rule expressly leaves room for proving an official record, or the lack of one, through any other method the law allows.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 44). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. · Official source

Also known as: authenticating public recordsproving a foreign government recordcertified copy of an official recordno record found certificatedomestic record authenticationseal requirement for public records