Group VI: Trials · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 44 spells out how to prove an official record — an official publication or a custody-certified copy for a domestic record, and an official publication or an attested copy with a genuineness certification (or treaty certification) for a foreign record — and allows a written statement of a diligent search to prove that no such record exists.
(1)Domestic record. Each of the following evidences an official record, or an entry in it, that is otherwise admissible and is kept within the United States, any state, district, or commonwealth, or any territory subject to the administrative or judicial jurisdiction of the United States:
(A)an official publication of the record; or
(B)a copy attested by the officer with legal custody of the record, or by the officer's deputy, and accompanied by a certificate that the officer has custody. The certificate must be made under seal:
(i)by a judge of a court of record in the district or political subdivision where the record is kept; or
(ii)by any public officer with a seal of office and with official duties in the district or political subdivision where the record is kept.
(2)Foreign record.
(A)In general. Each of the following evidences a foreign official record, or an entry in it, that is otherwise admissible:
(i)an official publication of the record; or
(ii)the record, or a copy, that is attested by an authorized person and is accompanied either by a final certification of genuineness or by a certification under a treaty or convention to which the United States and the country where the record is located are parties.
(B)Final certification of genuineness. A final certification must certify the genuineness of the signature and official position of the attester or of any foreign official whose certificate of genuineness relates to the attestation or is in a chain of certificates of genuineness relating to the attestation. A final certification may be made by a secretary of a United States embassy or legation; by a consul general, vice consul, or consular agent of the United States; or by a diplomatic or consular official of the foreign country assigned or accredited to the United States.
(C)Other means of proof. If all parties have had a reasonable opportunity to investigate a foreign record's authenticity and accuracy, the court may, for good cause, either:
(i)admit an attested copy without final certification; or
(ii)permit the record to be evidenced by an attested summary with or without a final certification.
(b)Lack of a record. A written statement that a diligent search of designated records revealed no record or entry of a specified tenor is admissible as evidence that the records contain no such record or entry. For domestic records, the statement must be authenticated under Rule 44(a)(1). For foreign records, the statement must comply with (a)(2)(C)(ii).
(c)Other Proof. A party may prove an official record, or an entry or lack of an entry in it, by any other method authorized by law.
Explanatory Note
Rule 44 was amended, effective March 1, 1990; March 1, 1994; March 1, 2011. Rule 44 is derived from Fed.R.Civ.P. 44. Rule 44 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended. Rule 44 was amended, effective March 1, 1994, to track the 1991 federal amendment, by striking the reference to specific territories and adding a generic term to describe governments having a relationship with the United States such that their official records should be treated as domestic records; and by adding the provision that final certification is unnecessary if the record and 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. Rule 44 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Plain-English Summary
Rule 44(a)(1) covers records kept anywhere in the United States or its territories under federal or state jurisdiction. Either of two things proves such a record: an official publication of it, or a copy attested by the officer who has legal custody of it (or that officer's deputy), accompanied by a certificate that the officer holds custody. That certificate has to be made under seal, either by a judge of a court of record in the district or political subdivision where the record is kept, or by any public officer who has a seal of office and official duties there.
Rule 44(a)(2) does the same job for foreign official records, but with an added layer of authentication. An official publication of the record still works on its own, but an attested copy needs either a final certification of genuineness or a certification under a treaty or convention between the United States and the country where the record sits. The rule defines what a final certification must say — it certifies the genuineness of the attester's signature and official position, or the genuineness of any foreign official in a chain of certificates leading up to the attestation — and who can make one: a secretary of a U.S. embassy or legation, a consul general, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country accredited to the United States. If all parties have had a reasonable opportunity to investigate a foreign record's authenticity and accuracy, the court can relax these formalities for good cause, admitting an attested copy without final certification or allowing the record to come in through an attested summary.
Rule 44(b) handles the opposite problem — proving a record does not exist. A written statement that a diligent search of designated records turned up no matching record or entry is admissible to show the records contain none, so long as the statement itself is authenticated the way a domestic record would be under (a)(1), or, for foreign records, the way an attested summary would be under (a)(2)(C)(ii). And Rule 44(c) makes clear these are not the only paths available: a party can always prove an official record, or an entry or the lack of one, by any other method the law authorizes.
Frequently Asked Questions
How do I prove a government record is genuine without calling the record custodian to testify?
Rule 44(a)(1) lets you use either an official publication of the record or a copy attested by the officer with legal custody of it, accompanied by a certificate of that custody made under seal by a judge of a court of record or a public officer with a seal of office in the district or subdivision where the record is kept.
What extra step applies when the official record comes from a foreign country?
Rule 44(a)(2) generally requires a final certification of genuineness — or a certification under an applicable treaty or convention — in addition to the attested copy, made by a listed U.S. or foreign consular or diplomatic official.
Can the final certification requirement for a foreign record be skipped?
Yes, under Rule 44(a)(2)(C), if all parties have had a reasonable opportunity to investigate the foreign record's authenticity and accuracy, the court may for good cause admit an attested copy without final certification or allow the record to be proved through an attested summary.
How do I prove that a particular record does not exist?
Rule 44(b) allows a written statement that a diligent search of designated records revealed no matching record or entry, admissible as evidence that the records contain none, authenticated the same way a domestic or foreign record would be.
Are the methods in Rule 44 the only way to prove an official record?
No. Rule 44(c) preserves the right to prove an official record, or an entry or the absence of one, by any other method authorized by law.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
Also known as:nd proving certified copy of government recordforeign official record authentication nddiligent search no record found nd rulecertificate of no record north dakota