Rule 44.Proof of Official Record.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 44 sets how an official record is authenticated, at home and abroad, and how the absence of a record is proved.

Full Text of Rule 44

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

(a) (a) Authentication.

(1) (1) DOMESTIC. An official record kept within the United States, or any state, district, 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 deputy, and accompanied by a certificate that the 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) (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) (A) of the attesting person, or

(B) (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 relates 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) (A) admit an attested copy without final certification or

(B) (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) (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) (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

The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.

Plain-English Summary

A domestic official record, or an entry in one, may be evidenced by an official publication or by a copy attested by the officer with legal custody or that officer deputy, accompanied by a certificate that the officer holds custody.

Foreign records take more. An official publication will do, or an attested copy accompanied by a final certification of the genuineness of the signature and official position, either of the attesting person or of a foreign official whose certificate sits in the chain. The final certification may come from a United States diplomatic or consular officer, or from a foreign diplomatic or consular official accredited to the United States. Where all parties have had a reasonable opportunity to investigate authenticity, the court may for good cause admit an attested copy without final certification, or allow an attested summary. A treaty or convention certification removes the need for the final certification altogether.

Proving a negative gets its own subdivision. A written statement that after diligent search no record of a specified tenor was found, authenticated the same way, is admissible as evidence that the record does not exist. The rule also preserves any other method of proving an official record that a statute or the rules of evidence allow.

Frequently Asked Questions

How is an official record proved in Hawaii family court?

By an official publication, or by a copy attested by the officer with legal custody or a deputy, with a certificate that the officer has custody.

What is needed for a foreign record?

An official publication, or an attested copy with a final certification of the genuineness of the signature and official position of the attesting person or an official in the chain.

Can the court accept a foreign record without final certification?

Yes, for good cause, where all parties have had a reasonable opportunity to investigate authenticity and accuracy. The court may also allow an attested summary.

How do I prove a record does not exist?

By a written statement that after diligent search no record or entry of the specified tenor was found, authenticated in the same way as the record itself would be.

Is this the only way to prove an official record?

No. The rule does not prevent proof by any other method authorized by law or the rules of evidence.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 44). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

Also known as: proving an official record hawaiiforeign document authentication hawaiicertified copy hawaii family courthawaii family court rule 44