R 4542.Proof of foreign records and documents

Article 45. Evidence · Last amended 1972 · Last verified July 21, 2026

In one sentenceCPLR 4542 sets the chain of certification needed to admit a foreign country's official records into a New York proceeding, including a way to prove that a search of those records turned up nothing.

Full Text of CPLR 4542

Text sizeJump to: (a) (b) (c)

(a) Foreign Record. A foreign official record, or any entry therein, when admissible for any purpose, may be evidenced by an official publication thereof; or a copy thereof, attested by a person authorized to make the attestation, and accompanied by a final certification as to the genuineness of the signature and official position 1. of the attesting person, or 2. of any foreign official whose certificate of genuineness of signature and official position

(i) relates to the attestation, or

(ii) is in a chain of certificates of genuineness of signature and official position relating to the attestation.

(b) Final Certification. A final certification may be made by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign county assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of the documents, the court may, for good cause shown, admit an attested copy without final certification, or permit the foreign official record to be evidenced by an attested summary with or without a final certification.

(c) Lack of Record. A written statement that after diligent search no record or entry of a specified tenor was found to exist in the foreign records designated by the statement, authenticated in compliance with the requirements set forth in subdivisions (a) and (b) for a copy of a foreign record is admissible as evidence that the records contain no such record or entry.

End

Plain-English Summary

Records kept by a foreign government raise a harder authentication problem than domestic records: New York courts have no direct way to verify a foreign official's signature or authority. CPLR 4542 solves it with a chain of certification that ends with someone the court can trust. A foreign official record can be proven through an official publication of it, or through an attested copy backed by a final certification vouching for the genuineness of the attesting official's signature and position, a certification that itself may need to pass through a chain of other foreign officials before reaching the final certifier.

That final certification typically comes from a U.S. diplomatic or consular officer stationed in the foreign country, or from that country's own diplomatic or consular official assigned to the United States. Subdivision (b) also gives the court flexibility: for good cause, and where every party has had a reasonable chance to check the documents' authenticity and accuracy, the court can admit an attested copy without the final certification, or allow the record to come in as a certified summary.

Subdivision (c) addresses the negative case, proving that a foreign record does not exist. A written statement that a diligent search turned up no record of a specified kind, authenticated the same way as a copy would be, is admissible to prove the records contain no such entry.

Frequently Asked Questions

How do I authenticate a foreign country's official record for a New York court?

You need an official publication of the record, or an attested copy backed by a final certification of the attesting official's signature and position, usually from a U.S. or foreign consular officer.

Can a court admit a foreign record without the full certification chain?

Yes, for good cause and where all parties had a fair chance to check the documents' authenticity, the court may admit an attested copy without final certification or allow a certified summary instead.

How do I prove that a search of foreign records found nothing?

A written statement, authenticated the same way as a certified copy, that a diligent search found no record of a specified kind is admissible to prove the absence of that record.

Who can provide the final certification for a foreign record?

A U.S. secretary of embassy or legation, consul general, consul, vice consul, or consular agent can provide it, as can a diplomatic or consular official of the foreign country assigned to the United States.

Does the certifying chain always run through a single official?

No, the final certificate may relate directly to the attestation or may sit at the end of a chain of certificates from other foreign officials vouching for each other's signature and authority.

Amendment History

Add, by Judicial Conference, eff Sept 1, 1969.

Sub (b), amd by Judicial Conference eff Sept 1, 1972.

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: foreign document authentication New York courtadmitting foreign record evidence CPLRconsular certification of a foreign recordproving a foreign record does not exist New York