The rules concerning proof of official records are governed by the Rules of Evidence.
Rule 44.Proof of official record
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 44 consists of a single cross-reference: proving up an official record — domestic or foreign, a court record or a government record — in an Indiana civil case is governed by the Indiana Rules of Evidence rather than by a separate procedure in the trial rules.
Full Text of Rule 44
Amendment History
This rule’s current text took effect January 1, 2004. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 44 is now one sentence long, saying that the rules for proving official records are governed by the Indiana Rules of Evidence. That was not always the case. Before a 2004 amendment, Trial Rule 44 spelled out its own detailed authentication procedure — how to prove a domestic record through a certified copy from the officer who has legal custody of it, how to chain together certifications for a foreign record through consular or diplomatic officials, how to prove that a search of the records turned up nothing, and how those methods related to other ways of proving a record. The 2004 amendment folded that entire subject into the Indiana Rules of Evidence, leaving Rule 44 as a pointer rather than a self-contained procedure.
For a litigant today, that means the mechanics of authenticating a certified deed, a foreign birth certificate, a government report, or a “no record found” certification live in the Rules of Evidence rather than in Trial Rule 44.
Frequently Asked Questions
Where do I find the rules for authenticating an official record in an Indiana civil case?
In the Indiana Rules of Evidence. Trial Rule 44 itself now consists of a single sentence deferring that subject to the Rules of Evidence rather than setting out its own procedure.
Did Trial Rule 44 always work this way?
No. Before a 2004 amendment, Rule 44 contained its own detailed method for authenticating domestic and foreign official records. That method was moved into the Indiana Rules of Evidence, and Rule 44 was cut down to a cross-reference.
How do I prove up a certified copy of a government record, like a deed or a certificate?
Follow the authentication provisions in the Indiana Rules of Evidence, which now govern this subject in place of the older, more detailed text that used to appear in Trial Rule 44.
Does Rule 44 still have separate provisions for foreign records?
Not anymore in the trial rules themselves. Authentication of both domestic and foreign official records is handled under the Indiana Rules of Evidence.
Can I still use certified copies and custodian certificates to prove a record in Indiana court?
Yes, but that mechanism is now found in the Indiana Rules of Evidence rather than being spelled out in Trial Rule 44, which now points to that body of rules.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 44). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
Also known as: how to authenticate a document in indiana courtproof of official record indianacertified copy of government record indiana lawsuittrial rule 44authenticating a foreign record indiana courtindiana rules of evidence official records