Rule 44.Proof of Official Records

Part VI. Trials · Last verified September 4, 2026

In one sentenceRule 44 sets out how official records are authenticated — domestic and foreign — and how the absence of a record is proved.

Full Text of Rule 44

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

(Identical to Mass.R.Civ.P. 44)

(a) Authentication.

(1) Domestic. An official record kept within the Commonwealth, 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 legal custody of the record, or by his deputy. If the record is kept in any other state, district, commonwealth, territory or insular possession of the United States, or within the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands, any such copy shall be accompanied by a certificate that such custodial officer has the custody. This 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.

(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 (i) of the attesting person, or (ii) 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, (i) admit an attested copy without final certification, or (ii) permit the foreign official record to be evidenced by an attested summary with or without a final certification.

(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, by any other method authorized by law, of the existence of, or the lack of, an official record, or of entry, or lack of entry therein.

End

Plain-English Summary

Rule 44 is identical to its civil counterpart and the source says so before subsection (a). It is an evidence rule about paper, and it works in three parts.

Domestic records

An official record kept in Massachusetts, or an entry in one, may be evidenced by an official publication or by a copy attested by the officer having legal custody, or that officer's deputy.

For a record kept elsewhere in the United States — another state, district, commonwealth, territory or insular possession, or the Panama Canal Zone, Trust Territory of the Pacific Islands or Ryukyu Islands — the copy must also be accompanied by a certificate that the custodial officer has custody. That certificate may be made by a judge of a court of record of the district or political subdivision where the record is kept, authenticated by the court's seal; or by any public officer with a seal of office and official duties in that district, authenticated by that seal.

Foreign records

A foreign official record may be evidenced by an official publication, or by an attested copy accompanied by a final certification as to the genuineness of the signature and official position of the attesting person — or of any foreign official in a chain of certificates leading 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 by a diplomatic or consular official of the foreign country accredited to the United States.

The rule then relaxes: where all parties have had reasonable opportunity to investigate authenticity and accuracy, the court may for good cause admit an attested copy without final certification, or permit the record to be evidenced by an attested summary with or without one.

Proving a negative, and everything else

Subsection (b) covers the absence of a record: a written statement that after diligent search no record or entry of a specified tenor was found, authenticated the way (a)(1) requires for a domestic record or meeting (a)(2)'s summary requirements for a foreign one, is admissible as evidence that the records contain no such record or entry.

Subsection (c) preserves every other method: the rule does not prevent proof by any other method authorized by law of the existence or lack of an official record or entry.

Frequently Asked Questions

How do I prove a Massachusetts official record?

By an official publication of the record, or by a copy attested by the officer having legal custody of the record or by that officer's deputy.

What extra step does an out-of-state record need?

A certificate that the custodial officer has custody. Rule 44(a)(1) allows that certificate to be made by a judge of a court of record of the district or political subdivision where the record is kept, authenticated by the seal of the court, or by any public officer having a seal of office and official duties in that district, authenticated by the seal of the office.

How do I prove that no record exists?

Rule 44(b) makes admissible a written statement that after diligent search no record or entry of a specified tenor is found to exist in the designated records, authenticated as Rule 44(a)(1) requires for a domestic record or meeting Rule 44(a)(2)'s summary requirements for a foreign one.

Can a foreign record come in without a final certification?

Rule 44(a)(2) allows the court, if reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of the documents, to admit an attested copy without final certification for good cause shown, or to permit the record to be evidenced by an attested summary with or without a final certification.

Source & verification. Rule text reproduced verbatim from the Massachusetts Rules of Domestic Relations Procedure as published by the Massachusetts Trial Court Law Libraries, current through amendments effective May 1, 2010. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified September 4, 2026. · Official text

Also known as: proof of official recordsauthenticationcertified copyforeign recordslack of record