Rule 44.Proof of Official Record.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 44
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) gives two ways to put an official record, or an entry in one, before the court once it is admissible for some purpose: an official publication of the record, or a copy attested by the officer having legal custody of it, or by that officer's deputy. For records kept in Rhode Island, that attested copy is the whole of it.
Records from outside the state need a second layer. If the office is elsewhere in the United States or in a territory or insular possession under United States dominion, a certificate that the officer has custody of the record must come from a judge of a court of record of the district or political subdivision where the record is kept, authenticated by the seal of that court, or from any public officer with official duties there, authenticated by the seal of that office. If the office is in a foreign state or country, the certificate may come from a secretary of embassy or legation, a consul general, consul, vice consul or consular agent, or any officer in the United States foreign service stationed there, authenticated by the seal of that office.
Subdivision (b) handles the opposite problem, which is proving a record is not there. A written statement signed by the officer having custody, or that officer's deputy, that after diligent search no record or exact copy is found to exist in that office is admissible to show the office holds no such record or entry. If the records are kept outside Rhode Island, that statement has to travel with the same certificate subdivision (a) demands.
Subdivision (c) keeps the door open. Nothing in this rule prevents proving an official record, or the presence or absence of an entry, by any method an applicable statute or other law authorizes.
Frequently Asked Questions
How do I prove a marriage or birth record in Rhode Island Family Court?
Subdivision (a) allows an official publication of the record, or a copy attested by the officer who has legal custody of it or by that officer's deputy. For a record held by a Rhode Island office, that attested copy is what the rule asks for.
What extra proof does a record from another state need?
It needs a certificate that the officer has custody of the record. Under subdivision (a) that certificate comes from a judge of a court of record of the district or political subdivision where the record is kept, authenticated by the court's seal, or from any public officer with official duties there, authenticated by the seal of that office.
How do I authenticate a document from another country?
Subdivision (a) allows the certificate to be made by a secretary of embassy or legation, a consul general, consul, vice consul or consular agent, or by any officer in the foreign service of the United States stationed in that state or country. The certificate must be authenticated by the seal of that office, and it travels with the official publication or the attested copy the same subdivision already calls for.
How do I prove that no record of something exists?
Subdivision (b) makes admissible a written statement signed by the custodian of the official record, or that officer's deputy, saying that after diligent search no record or exact copy is found to exist in that office. If the records are kept outside Rhode Island, the statement must be accompanied by the certificate subdivision (a) requires.
Is this the only way to get an official record into evidence?
No. Subdivision (c) states that the rule does not prevent proof of official records, or of an entry or the lack of one, by any method authorized by an applicable statute or by any other method authorized by law.