Last amended January 1, 1997 · Last verified July 1, 2026
In one sentenceRule 44 spells out how a party proves that a government record says what it claims to say, or that no such record exists, by using certified copies and, for foreign records, an added layer of certification.
aDomestic. 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 officer’s deputy, and accompanied by a certificate that such 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.
bForeign. 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, 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. 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.
44.02Lack 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 Rule 44.01(a) in the case of a domestic record, or complying with the requirements of Rule 44.01(b) for a summary in the case of a foreign record, is admissible as evidence that the records contain no such record or entry.
44.03Other 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. 44.04.
Advisory Committee Comments
Advisory Committee Comments--1996 Amendments
These changes conform the rule to its federal counterpart. These amendments reflect the view that questions of evidence should be determined under the Minnesota Rules of Evidence and the decisional law arising under those rules. The existing rule is not helpful to courts or litigants.
Amendment History
(Amended effective January 1, 1997.)
(Abrogated effective January 1, 1997.)
Plain-English Summary
Government records do not walk into court and vouch for themselves. Someone has to prove a record is what it claims to be before a judge will consider it. Rule 44 supplies the method. For a domestic record, meaning one kept by the federal government, a state, a district, a commonwealth, or a U.S. territory, a party can offer either an official published version of the record or a copy attested by the officer who has legal custody of it (or that officer’s deputy). That attested copy needs a certificate confirming the officer has custody. A judge in the district where the record is kept can issue that certificate under the court’s seal, or any public officer who holds a seal of office in that district can issue it under the officer’s own seal.
Foreign official records take one more step. A copy has to be attested by someone authorized to attest it, and then a separate “final certification” has to confirm that the attesting person’s signature and official position are genuine. That final certification typically comes from a U.S. diplomatic or consular officer, such as a secretary of embassy or legation, a consul general, a vice consul, or a consular agent, or from a diplomatic or consular official of the foreign country who is accredited to the United States. The rule builds in some flexibility: if every party had a fair chance to check the record’s authenticity and accuracy ahead of time, the court can admit an attested copy without the final certification, or accept an attested summary of the record, for good cause. If a treaty between the United States and the foreign country already covers how the record and attestation are certified, the final certification step is not needed at all.
Rule 44 also covers the opposite situation, proving that a record does not exist. A written statement explaining that a diligent search turned up no record of a specified kind, properly authenticated the same way a domestic record would be (or, for a foreign summary, the way Rule 44.01(b) requires), counts as evidence that the records contain no such entry.
None of this locks out other ways of proving a record. Rule 44.03 makes clear that a party can still prove an official record, an entry in it, or the absence of an entry, through any other method the law already allows.
Frequently Asked Questions
If I have a certified copy of a domestic public record, does that alone get it into evidence without any other authentication?
A certified copy under Rule 44.01(a) needs both the attested copy and a certificate confirming the attesting officer has legal custody of the record. That certificate can come from a judge of a court of record (under the court’s seal) or from another public officer with a seal of office in that district. Both pieces together satisfy the rule.
What is the difference between “attestation” and “final certification” for a foreign record?
Attestation, under Rule 44.01(b), is the initial copy made by a person authorized to attest the foreign record. Final certification is a separate step confirming that the attesting person’s signature and official position are genuine, typically supplied by a U.S. consular or diplomatic officer or an accredited foreign diplomatic official.
Can a court ever skip the final-certification requirement for a foreign record?
Yes, in two situations described in Rule 44.01(b): when every party had a reasonable opportunity to investigate the record’s authenticity and accuracy and the court finds good cause to admit an attested copy or summary without it, or when a treaty between the United States and the foreign country already establishes how the record and attestation are certified.
How do you prove a record does not exist, for example that a person has no criminal record in a particular county?
Rule 44.02 allows a written statement that a diligent search found no record or entry of the specified kind, as long as that statement is authenticated the same way a domestic record would be under Rule 44.01(a), or, for a foreign summary, in compliance with Rule 44.01(b).
Is Rule 44 the only way to authenticate an official record in a Minnesota civil case?
No. Rule 44.03 expressly preserves any other method of proving an official record, an entry in it, or the absence of an entry, that is otherwise authorized by law.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 44). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as:certified copy rule Minnesotaauthentication of public records civil procedure
Advisory Committee Comments--1996 Amendments
These changes conform the rule to its federal counterpart. These amendments reflect the view that questions of evidence should be determined under the Minnesota Rules of Evidence and the decisional law arising under those rules. The existing rule is not helpful to courts or litigants.