Rule 44.Proving an official record

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 44 sets the ways to prove a domestic or foreign official record -- an official publication, or an attested copy with the proper certification -- lets a diligent-search statement prove that no such record exists, and preserves any other method of proof the law otherwise allows.

Full Text of Rule 44

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

(a) Means of proving.

(1) Domestic record. Each of the following evidences an official record—or an entry in it—that is otherwise admissible and is kept within the United States, any state, district, or commonwealth, or any territory subject to the administrative or judicial jurisdiction of the United States:

(A) an official publication of the record; or

(B) a copy attested by the officer with legal custody of the record—or by the officer's deputy—and accompanied by a certificate that the officer has custody. The certificate shall be made under seal:

(i) by a judge of a court of record in the circuit or political subdivision where the record is kept; or

(ii) by any public officer with a seal of office and with official duties in the district or political subdivision where the record is kept.

(2) Foreign record.

(A) In general. Each of the following evidences a foreign official record—or an entry in it—that is otherwise admissible:

(i) an official publication of the record; or

(ii) the record—or a copy—that is attested by an authorized person and is accompanied either by a final certification of genuineness or by a certification under a treaty or convention to which the United States and the country where the record is located are parties.

(B) Final certification of genuineness. A final certification shall certify the genuineness of the signature and official position of the attester or of any foreign official whose certificate of genuineness relates to the attestation or is in a chain of certificates of genuineness relating to the attestation. A final certification may be made by a secretary of a United States embassy or legation; by a consul general, vice consul, or consular agent of the United States; or by a diplomatic or consular official of the foreign country assigned or accredited to the United States.

(C) Other means of proof. If all parties have had a reasonable opportunity to investigate a foreign record's authenticity and accuracy, the court may, for good cause, either:

(i) admit an attested copy without final certification; or

(ii) permit the record to be evidenced by an attested summary with or without a final certification.

(b) Lack of a record. A written statement that a diligent search of designated records revealed no record or entry of a specified tenor is admissible as evidence that the records contain no such record or entry. For domestic records, the statement shall be authenticated under Rule 44(a)(1). For foreign records, the statement shall comply with Rule 44(a)(2)(C)(ii).

(c) Other proof. A party may prove an official record—or an entry or lack of an entry in it—by any other method authorized by law.

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Government and court records often need to be proven up before they're admitted at trial, and Rule 44 spells out how. A domestic record kept anywhere in the United States can be proven either by an official publication of it, or by a copy attested by the officer with legal custody (or their deputy), sealed and certified by a judge or another public officer with a seal of office in the district where the record is kept.

Foreign records work similarly but need a chain of authentication suited to crossing borders — an official publication, or an attested copy accompanied by a final certification of genuineness (often from a U.S. embassy official or a foreign diplomatic official) or a certification under an applicable treaty or convention. If everyone's had a fair chance to investigate a foreign record's authenticity, the court can relax these formalities for good cause, admitting an attested copy without final certification or allowing an attested summary instead.

Proving that a record doesn't exist works the same way in reverse: a written statement showing a diligent search turned up nothing is admissible to prove the records contain no such entry, as long as the statement itself is authenticated the same way a domestic or foreign record would be. And Rule 44(c) leaves the door open for proving an official record by any other method the law otherwise allows.

Frequently Asked Questions

How do I prove a domestic official record at trial?

Either with an official publication of the record, or with a copy attested by the officer with legal custody (or their deputy), sealed and certified by a judge or another public officer with a seal of office where the record is kept.

What does it take to prove a foreign official record?

An official publication, or an attested copy accompanied by a final certification of genuineness — often from a U.S. embassy or consular official, or a foreign diplomatic official — or a certification under an applicable treaty or convention.

How do I prove that a record does not exist?

A written statement showing a diligent search of the designated records found no such entry is admissible as evidence the records contain none, as long as the statement is authenticated the same way the underlying record would be.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 44). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: proving an official recordauthenticating a foreign recordcertified copy of a record