Group VI: Trials · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 44 spells out how to authenticate official domestic and foreign records for use as evidence in South Carolina courts, and how a party gives notice when raising a question of foreign law.
(1)Domestic. An official record or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having legal custody of the record, or by his deputy, and accompanied with a certificate that such officer has the custody. If the office in which the record is kept is within the United States or within a territory or insular possession subject to the dominion of the United States, the certificate may be made by a judge of a court of record of the district or political subdivision in which the record is kept, authenticated by the seal of the court, or may be made by any public officer having a seal of office and having official duties in the district or political subdivision in which the record is kept, authenticated by the seal of his office. If the office in which the record is kept is in a foreign state or country, the certificate may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the United States stationed in the foreign state or country in which the record is kept and 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 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.
(c)Other Proof. 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.
(d)Foreign Law. A party who intends to raise an issue concerning the law of a foreign jurisdiction shall give notice in his pleadings or by other reasonable written notice or applicable motion. The court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the law of evidence. The court's determination shall be treated as a ruling on a question of law.
Notes
Note: This Rule 44 is substantially the Federal Rule. It conforms to present practice and Code §§ 19-5-10, 19-5- 20, 19-5-40 and 19-5-220. Rule 44(d) is new. It conforms to present practice but is a more precise statement.
Note to 1986 Amendment: This amendment [to Rule 44(d)] permits the issue of foreign law to be raised by any written notice rather than only in the pleadings or a motion. It is similar to Federal Rule 44.1 and supplements the Uniform Judicial Notice of Foreign Law Act, S.C. Code § 19-3-110 et seq.
Plain-English Summary
Proving that a document is what it claims to be — an official record from a government office — usually calls for more than handing a copy to the clerk. Rule 44(a)(1) lets a party prove a domestic official record either through an official publication of it or through a copy attested by the officer who has legal custody, accompanied by a certificate confirming that custody. Depending on where the record sits, that certificate can come from a judge of a court of record, a public officer with an official seal, or, for records kept abroad, a consular or diplomatic officer of the United States. Foreign official records follow a parallel path under Rule 44(a)(2): an official publication, or an attested copy paired with a final certification of the signature and position of whoever attested it. If all parties have had a fair chance to check the documents, the court can excuse the final certification or accept an attested summary instead, for good cause.
Rule 44(b) covers the opposite situation — proving that no record exists. A written statement that a diligent search turned up no matching record, authenticated the same way as a record itself would be, counts as evidence that the records contain nothing responsive. Rule 44(c) makes clear this rule does not foreclose proving official records, or the absence of one, by any other method the law already allows.
Rule 44(d) addresses a different problem: what happens when the law of another jurisdiction matters to the case. A party who intends to raise an issue about foreign law must give notice, either in the pleadings or through other reasonable written notice or a motion. Once raised, the court can look at any relevant material or source — including testimony — whether or not a party submitted it or it would otherwise be admissible under the rules of evidence. The court's ruling on foreign law is treated as a ruling on a question of law, not a question of fact for the jury.
Frequently Asked Questions
How do I prove a certified copy of an official record from another state?
Rule 44(a)(1) lets you use an official publication of the record or a copy attested by the custodian, paired with a certificate of that custody. If the record is kept within the United States, the certificate can come from a judge of a court of record or a public officer with an official seal.
What if the record I need is kept in a foreign country?
Rule 44(a)(2) requires an official publication or an attested copy along with a final certification of the genuineness of the attesting person's signature and position, typically from a U.S. consular officer or a diplomatic official of the foreign country. The court can waive the final certification for good cause if everyone has had a fair chance to check the document's authenticity.
How do I prove that a record does NOT exist in an office's files?
Rule 44(b) allows a written statement, authenticated the same way as the record would be, saying that a diligent search found no matching record — that statement itself is admissible to show the records contain nothing on point.
Do I have to raise a foreign-law issue in my pleadings?
Not necessarily in the pleadings themselves — Rule 44(d) allows notice through the pleadings, other reasonable written notice, or an applicable motion, as long as notice is given.
Can a judge consider evidence about foreign law that a party never formally submitted?
Yes. Rule 44(d) lets the court consider any relevant material or source on foreign law, including testimony, whether or not a party submitted it and whether or not it would be admissible under ordinary evidence rules.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as:authenticating official records SCSC Rule 44proving foreign law South Carolinacertified copies of records SCRCPforeign official records evidence SC