Nothing in this article prevents the proof of a fact or a writing by any method authorized by any applicable statute or by the rules of evidence at common law.
§ 4543.Proof of facts or writing by methods other than those authorized in this article.
Article 45. Evidence · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4543 makes clear that Article 45's specific authentication methods are options, not limits, so a party can still prove a fact or writing through any other method allowed by statute or the common law of evidence.
Full Text of CPLR 4543
Plain-English Summary
Article 45 lays out several specific ways to authenticate documents and records: sealer's certificates, handwriting comparison, certified copies, foreign record certification, and more. CPLR 4543 exists to head off a misreading: that these listed methods are the only ways to prove a fact or a writing.
The section says the opposite. Nothing in the article prevents proof by any method authorized elsewhere by statute, or by the common-law rules of evidence that predate the CPLR. Article 45 supplements the existing law of proof; it does not replace it.
In practice, this is a safety valve. If a party's proof does not fit neatly into one of the article's specific provisions, say, the exact certification chain for a foreign record, or the precise custody chain for a government document, CPLR 4543 confirms that the party is not stuck. Any other statute or common-law rule that would let the evidence in still applies.
Frequently Asked Questions
Does Article 45 list the only ways to authenticate evidence in New York?
No. CPLR 4543 makes clear that Article 45's methods are additional options, and any other method of proof authorized by statute or common law remains available.
What happens if my evidence doesn't fit any of the specific rules in Article 45?
You can still offer it under any other applicable statute or common-law evidence rule, since CPLR 4543 preserves those alternative paths to admissibility.
Why did the legislature add a section like CPLR 4543?
It forecloses an argument that the specific authentication methods in Article 45 are exclusive, confirming instead that they work alongside existing law rather than displacing it.
Does CPLR 4543 create any new method of proof?
No, it does not add a method itself; it preserves whatever methods already exist under other statutes or the common law of evidence.
Does CPLR 4543 apply to proof of facts generally, or just writings?
It covers both, stating that the article does not prevent proof of either a fact or a writing by any other authorized method.
Advisory Committee Notes
This section is a restatement of former §§ 344, 398-d and the last sentence of § 374-b. It obviates the need for subd 2 of § 387, subd 3 and 4 of § 394 and the second paragraph of subd 1 of § 398-a. With CPLR rule 4518(a) it eliminates the need for subd 3 of § 387.
Amendment History
Add, L 1963, ch 538, § 2, 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: other methods of proof New York evidenceArticle 45 authentication not exclusivecommon law proof of a writing New Yorkalternative authentication methods CPLR