Rule 44.Proof of official records

Ch. VI: Trials · Last amended 1996 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 44 says how to prove an official record — by certified copy at home, by the attestation chain abroad — and how to prove that no such record exists.

Full Text of Rule 44

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

(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 (i) of the attesting person, or (ii) 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, 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, (i) admit an attested copy without final certification or (ii) 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 subdivision (a)(1) of this Rule in the case of a domestic record, or complying with the requirements of subdivision (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.

End

Amendment History

Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.

[Amended effective September 3, 1996.]

Plain-English Summary

Domestic records. An official record kept within the United States, or any state, district, commonwealth or territory subject to its administrative jurisdiction, may be evidenced by an official publication or by a copy attested by the officer having legal custody of the record, with the certification the rule requires.

Foreign records. A foreign official record, or an entry in one, may be evidenced by an official publication or by a copy attested by an authorised person, accompanied by the chain of certification the rule sets out — and the rule provides for the court to relax that where good cause is shown, because a litigant cannot always compel a foreign ministry to certify anything.

Proving a negative. A written statement that after diligent search no record or entry of a specified tenor exists, made by the person the rule designates and authenticated as an official record would be, is admissible to prove the absence of the record. That is how you prove there is no marriage certificate, no conviction, no prior order.

Not exclusive. The rule does not prevent proving official records, or the presence or absence of an entry, by any other method authorised by law.

Frequently Asked Questions

How do I prove an official record in the Delaware Family Court?

By an official publication, or by a copy attested by the officer having legal custody of the record with the certification the rule requires.

How do I prove a foreign record?

By an official publication or an attested copy accompanied by the chain of certification the rule sets out, which the court may relax for good cause shown.

How do I prove that a record does NOT exist?

By a written statement that after diligent search no record or entry of the specified tenor was found, made by the designated person and authenticated as an official record would be.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 44), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source

Also known as: proof of official records Delawarecertified copy evidence DelawareFam. Ct. Civ. R. 44