Rule 44.Proof of Official Record

Last amended July 1, 1970 · Last verified July 1, 2026

In one sentenceRule 44 provides a standard method for proving the contents of a domestic or foreign official record, or that a diligent search found no such record, through an official publication or an attested and certified copy, without displacing any other lawful way of proving an official record.

Full Text of Rule 44

Text sizeJump to: (A) (B) (C)

(A) Authentication

(1) Domestic

An official record, or an entry therein, kept within a state or within the United States or within a territory or other jurisdiction of the United States, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied by a certificate that such officer has the custody. The certificate may be made by a judge of a court of record in which the record is kept or may be made by any public officer having a seal of office and having official duties in the political subdivision in which the record is kept, authenticated by the seal of his office.

(2) Foreign

A foreign official record, or an 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 (a) of the attesting person or (b) of any foreign official whose certificate of genuineness of signature and official position relates to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country 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, (a) admit an attested copy without final certification or (b) permit the foreign official record to be evidenced by an attested summary with or without a final certification.

(B) Lack of record

A written statement that after diligent search no record or entry of a specified tenor is found to exist in the records designated by the statement, authenticated as provided in subdivision (A)(1) of this rule in the case of a domestic record, or complying with the requirements of subdivision (A)(2) of this rule for a summary in the case of a foreign record, is admissible as evidence that the records contain no such record or entry.

This rule does not prevent the proof of official records or of entry or lack of entry therein by any other method authorized by law.

End

Amendment History

Effective Date: July 1, 1970

Plain-English Summary

Division (A) sets the authentication method. A domestic official record may be proved by an official publication of it, or by a copy attested by the officer with legal custody of the record (or that officer's deputy) and accompanied by a certificate confirming that custody, made by a judge of the court where the record is kept or by another public officer with an official seal in the relevant jurisdiction. A foreign official record may likewise be proved by an official publication or by an attested copy, accompanied by a final certification of the genuineness of the signature and official position of the attesting person or of an official in a chain of certifications leading to that attestation, made by a U.S. consular or diplomatic officer or by a foreign diplomatic or consular official accredited to the United States; if all parties have had a reasonable opportunity to investigate authenticity and accuracy, the court may for good cause admit an attested copy without final certification, or allow the record to be proved by an attested summary.

Division (B) lets a written statement -- prepared after a diligent search and authenticated the same way as the underlying record would be -- serve as evidence that no record or entry of a specified kind exists. Division (C) makes clear this rule supplements rather than replaces any other lawful method of proving an official record or the absence of one.

Frequently Asked Questions

How does a party prove the contents of an official record under Rule 44?

Through an official publication of the record, or through a copy attested by the officer with legal custody of it and accompanied by a certificate confirming that custody.

Can a party prove that no record exists?

Yes. Rule 44(B) lets a written statement, prepared after a diligent search and properly authenticated, serve as evidence that the designated records contain no such record or entry.

Is Rule 44 the only way to prove an official record?

No. Rule 44(C) makes clear the rule doesn't prevent proving an official record, or the lack of one, by any other method the law authorizes.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 44). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: authentication of recordscertified copiesproof of public records