Chapter VI: Trials · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 44 spells out how to authenticate domestic and foreign official records for use as evidence — through official publications, attested or certified copies, or a certificate that a diligent search found no such record — without shutting out any other lawful way to prove a record's contents.
(1)Domestic. An official record kept within the United States or any state, district, commonwealth, territory, or insular possession thereof, or within the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by a person purporting to be the officer having the legal custody of the record, or his deputy. If the official record is kept outside the State of Mississippi, the copy shall be accompanied by a certificate under oath of such person that he is the legal custodian of such record and that the record is kept pursuant to state law.
(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 an 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)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.
Advisory Committee Notes
Even though a document has been authenticated as required by this rule, it may still be excluded from evidence if, for example, it is irrelevant, or is hearsay, or is otherwise
objectionable. For additional evidentiary rules concerning authentication, see M.R.E. 901- 903.
The methods of authentication authorized by Rule 44 are additional and supplementary; they are not exclusive of other methods made available by Mississippi law. A party desiring to introduce an official record in evidence has the option of proceeding under Rule 44 or under any other applicable provision of law.
Rule 44(a)(1) deals with two types of official documents; those kept within the state and those kept without the state. A copy of the document need only be attested in the former case, certified under oath in the latter.
Plain-English Summary
Rule 44(a)(1) covers official records kept within the United States or its territories. Such a record can be proven by an official publication of it, or by a copy attested by whoever has legal custody of it or that person's deputy. If the record is kept outside Mississippi, the rule adds a second layer: the copy must come with a certificate, made under oath, that the attesting person is in fact the legal custodian and that the record is kept under state law.
Rule 44(a)(2) handles foreign official records, which require more scaffolding to authenticate. A party can offer an official publication of the record, or an attested copy accompanied by a "final certification" that verifies the genuineness of the attesting person's signature and position — a certification that can itself run through a chain of foreign officials, ending with a U.S. embassy or consular officer or a foreign diplomatic official accredited to the United States. If every party has had a fair chance to check the record's authenticity, the court can relax these formalities for good cause, admitting an attested copy without the final certification or accepting an attested summary of the record.
Rule 44(b) covers the opposite situation: proving that no record exists. A written statement that a diligent search turned up no record of a specified kind, authenticated the same way an existing record would be, is itself admissible to show the records contain no such entry. Rule 44(c) makes clear that none of this is exclusive — a party can still prove an official record, or the absence of one, through any other method the law allows. Separate from this rule, Mississippi's own Rule 44.1, which would ordinarily address determining foreign law, is printed in the official rules as "[Omitted]" and carries no operative text.
Frequently Asked Questions
How do I prove a government record is genuine without calling the custodian to testify?
Rule 44(a)(1) lets you use an official publication of a domestic record, or a copy attested by the officer who has legal custody of it or that officer's deputy, instead of live testimony.
Does an out-of-state record need anything beyond an attested copy?
Yes. If the official record is kept outside Mississippi, Rule 44(a)(1) requires the copy to be accompanied by a certificate, made under oath, that the attesting person is the legal custodian and that the record is kept under state law.
What does it take to authenticate a foreign country's official record?
Rule 44(a)(2) generally requires an attested copy plus a final certification of the genuineness of the attesting person's signature and position, coming from a U.S. embassy or consular official or an accredited foreign diplomatic official. If all parties have had a reasonable chance to check authenticity, the court may relax this for good cause.
How do I prove that a record does not exist?
Rule 44(b) allows a written statement, made after a diligent search, that no record of a specified kind was found, authenticated the same way the underlying record would be. That statement is admissible to show the records contain no such entry.
Does Mississippi have a rule for determining foreign law, the way Rule 44.1 suggests?
No. Rule 44.1 is printed in Mississippi's official rules as "[Omitted]," with no operative rule text behind it, so this rule set has no free-standing procedure under that number for determining the content of foreign law.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
Also known as:ms proof of official records ruleauthenticating foreign document mississippi civilcertified copy of public record mississippi rule 44lack of record certificate mississippi evidencemississippi rule 44.1 foreign law omitted