(a) Presumed Death. A written finding of presumed death, made by any person authorized to make such findings by the federal missing persons act is prima facie evidence of the death, and the date, circumstances and place of disappearance. In the case of a merchant seaman, a written finding of presumed death, made by the maritime war emergency board or by the war shipping administration or the successors or assigns of such board or administration in connection with war risk insurance is prima facie evidence of the death, and the date, circumstances and place of disappearance.
§ 4527.Death or other status of missing person
Article 45. Evidence · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4527 makes official written findings and reports on a missing person's presumed death, disappearance, capture, internment, or survival, issued by the federal officials the statute authorizes to make them, prima facie evidence of the facts those findings and reports state.
Full Text of CPLR 4527
(b) Death, Internment, Capture and Other Status. An official written report or record that a person is missing, missing in action, interned in a neutral country, or beleaguered, beseiged or captured by an enemy, or is dead, or is alive, made by an officer or employee of the United States authorized by law of the United States to make it is prima facie evidence of such fact.
Plain-English Summary
This section deals with a hard evidentiary problem: how to prove a death, or a person's fate, when the person disappeared under circumstances, often wartime or maritime, that leave no body and no witness. Subdivision (a) covers presumed-death findings. A written finding of presumed death made by a person the federal Missing Persons Act authorizes to make such findings is prima facie evidence of the death and of the date, circumstances, and place of disappearance. For merchant seamen specifically, a written finding of presumed death by the maritime war emergency board, the war shipping administration, or their successors, made in connection with war risk insurance, carries the same weight.
Subdivision (b) reaches further, to official written reports on a person's status generally, missing, missing in action, interned in a neutral country, besieged or captured by an enemy, dead, or alive, made by a United States officer or employee authorized by federal law to make the report. That report, too, is prima facie evidence of the fact it states.
Both subdivisions rest on the same idea: government officials investigating a disappearance under official authority have access to information ordinary litigants cannot gather themselves, and their formal findings deserve evidentiary weight in New York courts without live testimony from the investigating official.
Frequently Asked Questions
What does CPLR 4527 let a party prove about a missing person?
It lets an authorized federal official's written finding of presumed death, or an official report on a missing person's status, serve as prima facie evidence of the death, disappearance, or other status stated.
Who is authorized to make a presumed-death finding under this section?
Any person authorized to make such findings under the federal Missing Persons Act, and for merchant seamen, the maritime war emergency board, the war shipping administration, or their successors in connection with war risk insurance.
Does CPLR 4527 cover reports of someone being alive, not just dead?
Yes. Subdivision (b) covers official reports that a person is missing, missing in action, interned, besieged, captured, dead, or alive.
Why does New York need a special evidence rule for missing persons?
Because disappearances covered by this section often occur in wartime or at sea, where no witness or body is available, and federal officials' formal investigative findings are the most reliable proof obtainable.
Is a presumed-death finding under CPLR 4527 conclusive?
No. It is prima facie evidence, so a party can rebut it with other proof, such as evidence the missing person is alive.
Advisory Committee Notes
This section is the same as former § 341-a, with language changes designed to clarify and simplify. The reference to a certified copy in the former section is covered by CPLR § 4539.
Amendment History
Add, L 1962, ch 308, 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: presumed death evidence New Yorkmissing person status prima facie evidencefederal missing persons act finding New Yorkmerchant seaman presumed deathproving death of missing person in court