An official record 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 his deputy if the record is in the custody of an officer of this state, and if the record is in the custody of an officer outside this state such attested copy shall be accompanied with a certificate that such officer has the custody. If the office in which the record is kept is within the United States or within a territory or insular possession subject to the dominion of the United States, 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 his office. If the office in which the record is kept is in a foreign state or country, the certificate may be made by a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent or by any officer in the foreign service of the United States stationed in the foreign state or country in which the record is kept, and authenticated by the seal of his office.
Rule 44.01.Authentication of copy.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 44.01 explains how to authenticate an official record at trial through an official publication or an attested copy from its custodian, backed by a certificate of custody from a judge or sealed public officer for domestic records, or from a U.S. consular or foreign-service officer for records kept abroad.
Full Text of Rule 44.01
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
When an official record needs proving at trial -- a court file, a government register, a public agency's document -- Rule 44.01 offers a shortcut so the original doesn't have to appear in the courtroom. An official publication of the record works, or a copy attested by whoever has legal custody of it, or their deputy. If the record sits with an out-of-state custodian, the attested copy has to come with a certificate confirming that officer is the actual custodian.
That certificate has its own chain of authority. For records kept anywhere in the United States or its territories, a judge of a court of record in the district where the record is kept can supply it, sealed by the court, or any public officer with an official seal and duties in that district can do it, sealed by that office. For records kept in another country, the certificate has to come from a U.S. diplomatic or consular officer stationed there -- a secretary of embassy or legation, a consul, vice-consul, or consular agent -- sealed by that officer's office.
Frequently Asked Questions
How do I prove an official government record is genuine without bringing the original to court?
Rule 44.01 lets you use an official publication of the record, or a copy attested by its legal custodian, along with a certificate confirming that custody when the record is held out of state.
What if the record I need to authenticate is kept in a foreign country?
The attesting certificate must come from a U.S. secretary of embassy or legation, consul general, consul, vice-consul, consular agent, or other U.S. foreign-service officer stationed where the record is kept, sealed by that officer's office.
Does a certified copy from a deputy clerk satisfy Rule 44.01?
Yes. The rule allows the attested copy to come from the officer with legal custody of the record or from that officer's deputy.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 44.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: how to authenticate an official record in courtcertified copy of government record kentuckyproving a foreign record is genuine in courtCR 44.01 authentication of official records