Rule 44.Proving an Official Record

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 44 sets how to prove an official record — domestic or foreign — by an official publication or an attested or certified copy, and how to establish that a diligent search found no record of a particular event.

Full Text of Rule 44

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

(a) Means of Proving.

(1) Domestic Record. Each of the following evidences an official record—or an entry in it—that is otherwise admissible and is kept within the United States, any state, district, or commonwealth, or any territory subject to the administrative or judicial jurisdiction of the United States:

(A) an official publication of the record; or

(B) a copy attested by the officer with legal custody of the record—or by the officer's deputy—and accompanied by a certificate that the officer has custody. The certificate must be made under seal:

(i) by a judge of a court of record in the district or political subdivision where the record is kept; or

(ii) by any public officer with a seal of office and with official duties in the district or political subdivision where the record is kept.

(2) Foreign Record.

(A) In General. Each of the following evidences a foreign official record—or an entry in it—that is otherwise admissible:

(i) an official publication of the record; or

(ii) the record—or a copy—that is attested by an authorized person and is accompanied either by a final certification of genuineness or by a certification under a treaty or convention to which the United States and the country where the record is located are parties.

(B) Final Certification of Genuineness. A final certification must certify the genuineness of the signature and official position of the attester or of any foreign official whose certificate of genuineness relates to the attestation or is in a chain of certificates of genuineness relating to the attestation. A final certification may be made by a secretary of a United States embassy or legation; by a consul general, vice consul, or consular agent of the United States; or by a diplomatic or consular official of the foreign country assigned or accredited to the United States.

(C) Other Means of Proof. If all parties have had a reasonable opportunity to investigate a foreign record's authenticity and accuracy, the court may, for good cause, either:

(i) admit an attested copy without final certification; or

(ii) permit the record to be evidenced by an attested summary with or without a final certification.

(b) Lack of a Record. A written statement that a diligent search of designated records revealed no record or entry of a specified tenor is admissible as evidence that the records contain no such record or entry. For domestic records, the statement must be authenticated under Rule 44(a)(1). For foreign records, the statement must comply with (a)(2)(C)(ii).

(c) Other Proof. A party may prove an official record—or an entry or lack of an entry in it—by any other method authorized by law.

End

Amendment History

(Amended February 28, 1966, effective July 1, 1966; March 2, 1987, effective August 1, 1987; April 30, 1991, effective December 1, 1991; April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Rule 44 provides a streamlined way to get public records into evidence without calling the records custodian. A domestic official record may be proved by an official publication or by a copy attested by an authorized officer and accompanied by the required certificate of authority.

For a foreign official record, the rule sets out a parallel method, including certification through the chain of authentication or, where applicable, the simpler procedure under an international convention. Rule 44 also lets a party prove the absence of a record — that a diligent search of an office’s records turned up nothing — and preserves other methods of proving records that statutes or rules allow.

Frequently Asked Questions

How do you prove an official record at trial?

By an official publication or an attested or certified copy with the required certification, under Rule 44(a) — avoiding the need to call the records custodian.

Can you prove that a record does not exist?

Yes. Rule 44 also lets a party prove the absence of a record by showing a diligent search of an office's records turned up nothing.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 44), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 44Fed. R. Civ. P. 44proving an official recordcertified copyauthenticating public records