(a) Authentication of copy. – An official record or an entry therein, when admissible for any purpose, may be evidence by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied with a certificate that such officer has the custody. If the office in which the record is kept is without the State of North Carolina but 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 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 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.Proof of official record.
Last verified July 3, 2026
In one sentenceRule 44 says how to authenticate an official record, or prove that one doesn't exist, for use as evidence -- whether it's kept in North Carolina, elsewhere in the country, or abroad.
Full Text of Rule 44
(b) Proof of lack of record. – A written statement signed by an officer having the custody of an official record or by his deputy that after diligent search no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry.
(c) Other proof. – This rule does not prevent the proof of official records specified in Title 28, U.S.C. §§ 1738 and 1739 in the manner therein provided; nor of entry or lack of entry in official records by any method authorized by any other applicable statute or by the rules of evidence at common law.
Amendment History
(1967, c. 954, s. 1.)
Plain-English Summary
Rule 44(a) lets an official record be proved by an official publication of it or by a copy attested by its custodian (or the custodian's deputy) along with a certificate confirming that custody. If the record is kept outside North Carolina but within the United States or a U.S. territory or possession, a judge of a court of record in that place -- authenticated by the court's seal -- or any public officer with a seal of office and duties there may issue the certificate. If the record is kept in a foreign country, a U.S. secretary of embassy or legation, consul general, consul, vice-consul, consular agent, or other U.S. foreign-service officer stationed there may certify it under the seal of that office.
Rule 44(b) makes a custodian's signed statement -- that a diligent search found no record of a specified kind -- admissible, with the same certificate, as evidence that the office's records contain no such record. Rule 44(c) preserves every other way of proving an official record, including the methods in Title 28, U.S.C. §§ 1738 and 1739, or under any other applicable statute or the common-law rules of evidence.
Frequently Asked Questions
How is an official record authenticated for use as evidence?
By an official publication of the record, or by a copy attested by its custodian along with a certificate confirming that custody -- with different certifying officers depending on whether the record is kept in North Carolina, elsewhere in the United States, or abroad.
How does a party prove that no record of a certain kind exists?
Rule 44(b) allows a signed statement from the custodian that a diligent search found no such record, accompanied by the same certificate of custody used for authenticating existing records.
Does Rule 44 replace other ways of proving official records?
No. Rule 44(c) preserves proof of official records under federal law, any other applicable statute, or the common-law rules of evidence.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 44). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: authentication of official recordscertified copy of public recordproof of no record foundforeign official record certificationattested copy of record