(a) Copies Permitted. An official publication, or a copy attested as correct by an officer or a deputy of an officer having legal custody of an official record of the United States or of any state, territory or jurisdiction of the United States, or of any of its courts, legislature, offices, public bodies or boards is prima facie evidence of such record.
R 4540.Authentication of official record of court or government office in the United States.
Article 45. Evidence · Last amended 1971 · Last verified July 21, 2026
In one sentenceCPLR 4540 spells out how a copy of a court or government record from anywhere in the United States can be authenticated, through an official publication or a certified copy backed by the right seals and signatures, so it counts as prima facie evidence without live testimony.
Full Text of CPLR 4540
(b) Certificate of Officer of the State. Where the copy is attested by an officer of the state, it shall be accompanied by a certificate signed by, or with a facsimile of the signature of, the clerk of a court having legal custody of the record, and, except where the copy is used in the same court or before one of its officers, with the seal of the court affixed; or signed by, or with a facsimile of the signature of, the officer having legal custody of the original, or his deputy or clerk, with his official seal affixed; or signed by, or with a facsimile of the signature of, the presiding officer, secretary or clerk of the public body or board and, except where it is certified by the clerk or secretary of either house of the legislature, with the seal of the body or board affixed. If the certificate is made by a county clerk, the county seal shall be affixed.
(c) Certificate of Officer of Another Jurisdiction. Where the copy is attested by an officer of another jurisdiction, it shall be accompanied by a certificate that such officer has legal custody of the record, and that his signature is believed to be genuine, which certificate shall be made by a judge of a court of record of the district or political subdivision in which the record is kept, with the seal of the court affixed; or by any public officer having a seal of office and having official duties in that district or political subdivision with respect to the subject matter of the record, with the seal of his office affixed.
(d) Printed Tariff or Classification Subject to Public Service Commission, Commissioner of Transportation or Interstate Commerce Commission. A printed copy of a tariff or classification which shows a public service commission or commissioner of transportation number of this state and an effective date, or a printed copy of a tariff or classification which shows an interstate commerce commission number and an effective date, is admissable in evidence, without certification, and is prima facie evidence of the filed original tariff or classification.
Plain-English Summary
Litigants routinely need to put government and court records from other places into evidence: a judgment from a sister state, a corporate filing, a legislative record. CPLR 4540 gives them a paper trail for doing it without flying in the record-keeper. Subdivision (a) lets a party use an official publication of the record, or a copy attested as correct by the officer (or deputy) who has legal custody of it, as prima facie evidence of the record's contents.
Subdivisions (b) and (c) set the chain of certification needed depending on where the record comes from. A copy attested by a New York officer needs a supporting certificate, typically from a court clerk with the seal affixed, or from the custodian of the original with an official seal, confirming the attesting officer's authority. A copy attested by an officer of another jurisdiction needs a certificate from a judge or sealed public officer in that jurisdiction vouching that the attesting officer has custody and that the signature is authentic.
Subdivision (d) carves out a shortcut for printed tariffs or classifications bearing a Public Service Commission, Commissioner of Transportation, or Interstate Commerce Commission number and effective date: those come in without any certification at all, as prima facie evidence of the filed original.
Frequently Asked Questions
How do I get an out-of-state judgment admitted into evidence in New York?
A copy attested as correct by the officer with legal custody of the judgment, backed by the certification chain required for records from another jurisdiction, is prima facie evidence of the record under CPLR 4540.
What seal is required on a certified copy of a New York court record?
The certificate supporting the copy generally needs the seal of the court, or the official seal of the officer having custody of the original, depending on who attests to the copy.
Do printed tariffs need to be certified before they're admissible?
No. A printed tariff or classification bearing the required commission number and effective date is admissible without certification under subdivision (d).
What does "prima facie evidence" mean for an authenticated government record?
It means the properly authenticated copy proves the record's contents unless the opposing party comes forward with evidence to the contrary.
Does CPLR 4540 cover records from other states, not just New York?
Yes. Subdivision (c) sets out how to authenticate a copy attested by an officer of another state or jurisdiction using a certificate from a judge or sealed public officer there.
Advisory Committee Notes
This rule combines the following sections of the Civil Practice Act which are listed with their titles: 329, Form of certificate; 330, Certificate attested by seal; 336, Proof of payments by municipal corporation or officer thereof; 382, Proof of public records and papers; 383, Proof of papers and records in town clerk’s office; 384(2), Conveyance and record as evidence [see notes to sections transferred as Real Property Law § 313-b for subdivisions 3 and 4 and notes to CPLR rule 4539 for subd 1]; 388, Proof of municipal records; 390, Proof of books and records in certain state departments; 391, Proof of statutes, decrees and decisions of another state or country; 398-b, Authentication of copy; 399, Copies of records of United States courts; 400, Records and documents in United States departments; and 402, Record of conveyance or mortgage of vessels as evidence.
Subd (a) and (b) are former § 398-b with minor language changes in order to broaden the provision so that it covers all the provisions referred to above. The term “purporting” has been omitted. It is clear that the person who certifies must be the officer referred to but that at the time of reception of a self-authenticating document, the signatures and seals are assumed to be what they purport to be. The final sentence of former § 330 has been added to subd (b). Subd (c) is the second half of § 382 broadened to cover the detailed provisions in the former act. Subd (d) is the final sentence of former § 382 combined with the final sentence of former § 400.
Former § 336, in addition to providing for use of certain receipts in evidence, made them prima facie evidence of payment by a municipal corporation six years after the date of the receipt. This provision, taken from the Code of Civil Procedure, served little, if any, purpose in view of the short statute of limitation on contract actions. See CPLR § 213. Accordingly, it has been omitted.
Amendment History
Formerly § 4540, add, L 1962, ch 308; amd, L 1962, ch 315, § 1, eff Sept 1, 1963; L 1970, ch 267, § 9, eff March 1, 1971.
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: authenticating a government record in New York courtcertified copy of court record evidenceout of state judgment admissible New Yorkofficial record authentication CPLR