Where a public officer is required or authorized, by special provision of law, to make a certificate or an affidavit to a fact ascertained, or an act performed, by him in the course of his official duty, and to file or deposit it in a public office of the state, the certificate or affidavit so filed or deposited is prima facie evidence of the facts stated.
R 4520.Certificate or affidavit of public officer.
Article 45. Evidence · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4520 makes a public officer's certificate or affidavit of a fact the officer ascertained or an act the officer performed in the course of official duty prima facie evidence of what it states, once it is filed or deposited in a public office as the law requires.
Full Text of CPLR 4520
Plain-English Summary
Public officials generate a steady stream of paperwork: certificates confirming an inspection took place, affidavits attesting that a filing was received, records of an official act completed on a given date. Rather than force a party to drag the official into court to testify to routine facts already documented, CPLR 4520 lets the paper speak for itself. Once the officer's certificate or affidavit has been filed or deposited where the law says it should be, it is prima facie evidence of the facts it states.
Three conditions matter here. The certificate or affidavit must come from a public officer. It must relate to a fact the officer ascertained or an act the officer performed while doing the job, not a personal observation made off duty. And a special provision of law must authorize or require that officer to make it. Meet those conditions and the document is filed in the right public office, and the presumption follows automatically.
Prima facie evidence is not conclusive. The opposing party can still contest the underlying facts with its own proof, and the trier of fact can weigh the certificate against whatever contrary evidence comes in. The rule spares the proponent from having to call the officer as a live witness to establish something the public record already shows.
Frequently Asked Questions
What makes a document a public officer's certificate under CPLR 4520?
It must be made by a public officer, record a fact the officer ascertained or an act the officer performed in an official capacity, and be authorized or required by a special provision of law.
Does the certificate have to be filed anywhere in particular?
Yes. The statute requires that it be filed or deposited in a public office of the state as the authorizing law directs before the presumption applies.
Is a certificate admitted under CPLR 4520 conclusive proof?
No. It is prima facie evidence only, meaning the opposing side can offer contrary proof and the fact finder decides what weight to give it.
Do I still need to call the public officer as a witness?
Not to establish the facts the certificate already states. The rule exists so parties do not have to subpoena the officer for routine, already-documented facts.
How does CPLR 4520 differ from the business records exception in CPLR 4518?
CPLR 4518 covers records kept in the regular course of business generally, while CPLR 4520 is specific to certificates and affidavits a public officer is authorized or required by law to make and file.
Advisory Committee Notes
This rule is the same as former § 367 with minor language changes and the omission of the phrase “except where the effect thereof is declared or regulated by special provision of law,” which is unnecessary. The reference to an “exemplified copy” is not needed because CPLR rule 4539(a) provides for the use of properly authenticated copies.
Amendment History
Formerly § 4520, add, L 1962, ch 308; amd, L 1962, ch 315, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: public officer certificate evidenceofficial affidavit prima facie evidence New Yorkgovernment record hearsay exception NYpublic officer affidavit admissibleNew York evidence public official document