A statement signed by an officer or a deputy of an officer having legal custody of specified official records of the United States or of any state, territory or jurisdiction of the United States, or of any court thereof, or kept in any public office thereof, that he has made diligent search of the records and has found no record or entry of a specified nature, is prima facie evidence that the records contain no such record or entry, provided that the statement is accompanied by a certificate that legal custody of the specified official records belongs to such person, which certificate shall be made by a person described in rule 4540.
R 4521.Lack of record
Article 45. Evidence · Last amended 1964 · Last verified July 21, 2026
In one sentenceCPLR 4521 lets the custodian of official federal, state, or court records prove a negative, that a diligent search turned up no record of a specified matter, through a signed statement backed by a certificate of legal custody, making that statement prima facie evidence the records contain no such entry.
Full Text of CPLR 4521
Plain-English Summary
Proving that something does not exist in a set of records is awkward. You cannot cross-examine a filing cabinet. CPLR 4521 solves the problem by letting the custodian of official records sign a statement saying a diligent search was made and no record or entry of the specified kind was found. Backed by proof that the signer has legal custody of those records, the statement becomes prima facie evidence that the records contain no such entry.
The records in question can belong to the United States, to any state, territory, or jurisdiction of the United States, to a court within one of those, or to any public office where such records are kept. The custodian, or a deputy of the custodian, is the one who must sign.
The statute adds a safeguard: the statement must be accompanied by a certificate establishing that legal custody of the records belongs to the person who searched them, and that certificate must be made by a person described in CPLR 4540, the rule governing certification of official records generally. Without that backing certificate, the search statement alone does not carry the presumption.
Frequently Asked Questions
What does CPLR 4521 let a party prove?
It lets a party prove that a diligent search of specified official records found no record or entry of a particular kind, through a signed statement from the records' custodian.
Who can sign the statement under CPLR 4521?
An officer or deputy who has legal custody of the specified official records, whether those belong to the United States, a state, a territory, a court, or a public office.
Is the custodian's search statement enough on its own?
No. It must be accompanied by a certificate showing the signer has legal custody of the records, and that certificate must come from a person described in CPLR 4540.
What kind of evidentiary weight does a CPLR 4521 statement carry?
It is prima facie evidence that the records contain no such record or entry, meaning it is sufficient proof unless rebutted, not conclusive proof that cannot be challenged.
Why would a party need to prove a record does not exist?
Common uses include showing that a person has no criminal record, no recorded deed, or no filing of a particular kind in a government office, without calling the custodian to testify live.
Advisory Committee Notes
This rule is the same as former § 398-c except that the statement is made prima facie evidence of lack of record. Minor language changes have also been made. In view of the scope of this provision, § 366, covered certificates of search for a paper as evidence, is not required.
Amendment History
Formerly § 4521, add, L 1962, ch 308; amd, L 1962, ch 315, § 1; L 1964, ch 388, eff Sept 1, 1964.
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: certificate of no recorddiligent search no record found evidenceproving absence of a record New Yorkcustodian certificate no record New YorkCPLR 4540 certificate