Last amended January 1, 2000 · Last verified July 3, 2026
In one sentenceRule 44 explains how an official government record can be authenticated and admitted as evidence, whether the record comes from within the United States or from abroad.
(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 a 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 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 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.
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended December 7, 1999, effective January 1, 2000
Plain-English Summary
A domestic official record can be proven through an official publication of it, or through a copy attested by the officer with legal custody (or a deputy), accompanied by a certificate confirming that custody. That certificate itself needs its own authentication, either from a judge of a court of record with the court's seal, or from another public officer with an official seal covering the district where the record is kept.
A foreign official record works similarly but needs a final certification of the attesting person's signature and position, which can come from a U.S. diplomatic or consular officer or a foreign diplomat accredited to the United States; the court can excuse the final certification and accept an attested copy or summary instead if all parties had a fair chance to check the record's authenticity, or if a treaty already covers the certification. Separately, a written statement that a diligent search turned up no matching record is itself admissible to prove that no such record exists, and nothing in this rule blocks proving an official record, or the absence of one, through any other lawful method.
Frequently Asked Questions
How is a domestic official record authenticated for trial?
Through an official publication of the record, or a copy attested by the officer with legal custody of it and accompanied by a certificate of that custody, itself authenticated by a court seal or another public officer's seal.
What about a record from a foreign country?
It generally needs a final certification of the attesting person's signature and position from a diplomatic or consular official, though the court can excuse that certification and accept an attested copy or summary if the parties had a fair chance to verify authenticity.
Can you prove that no record exists?
Yes. Rule 44(b) makes a written statement that a diligent search found no matching record admissible as evidence that no such record or entry exists.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 44). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:authentication of official recordscertified copy of recordproof of foreign record