Rule 44.Proving an official record.

Last verified July 1, 2026

In one sentenceRule 44 sets out how to authenticate an official record, domestic or foreign, as evidence, including the certificates and attestations required and how to prove that no record exists on a given topic.

Full Text of Rule 44

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

(a) Authenticating an official record—generally.

(1) Domestic record. A record—or an entry in it—may be authenticated as an official record if it 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 and it is:

(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 must be made under seal, or its equivalent:

(i) by a judge of a court of record in the district 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) Generally. A record—or an entry in it—may be authenticated as a foreign official record if:

(i) it is an official publication of the record; or

(ii) the record—or a copy—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 must 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 contents of the record to be proved 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 on a specified topic is admissible as evidence that the records contain no such record or entry. For domestic records, the statement must be authenticated under Rule 44(a)(1). For foreign records, the statement must comply with Rule 44(a)(2)(C)(ii).

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

(d) Means of proving appointment of guardian, personal representative, administrator, or conservator. The appointment and qualifications of a guardian, personal representative, administrator, or conservator may be proved by the letters issued as prescribed by law, or a certificate of the clerk under official seal that the letters issued.

End

Amendment History

Promulgated by R-16-0010, effective January 1, 2017.

Plain-English Summary

A domestic official record can be authenticated either through an official publication of the record or through a copy attested by the custodian, backed by a certificate — made under seal or its equivalent — from a judge or a public officer in the place where the record is kept. Foreign official records follow a parallel but more layered path: an official publication works, or a copy attested by an authorized person accompanied by a final certification of genuineness, which itself can come from a U.S. embassy or consular official or a foreign diplomatic official accredited to the United States. If everyone has had a fair chance to investigate a foreign record's authenticity, the court may, for good cause, accept an attested copy without the final certification or let the contents be proved by an attested summary.

The rule also covers the negative case: a written statement that a diligent search of specified records turned up nothing on a given topic is itself admissible to show that the records contain no such entry, so long as the statement is authenticated the same way a domestic or foreign record would be. Beyond these specific mechanisms, a party remains free to authenticate an official record by any other method the law allows, and the appointment of a guardian, personal representative, administrator, or conservator can be proved through the letters issued or a certificate from the clerk under seal that such letters issued.

Frequently Asked Questions

What does it take to authenticate a foreign official record?

Either an official publication of the record, or an attested copy accompanied by a final certification of genuineness from a qualifying U.S. or foreign official, or, for good cause after a fair opportunity to investigate, an attested copy without final certification or an attested summary.

Can a party prove that no record exists on a certain topic?

Yes, through a written statement that a diligent search of the designated records found no entry, authenticated the same way the underlying record itself would be authenticated.

How is the appointment of a guardian or personal representative proved?

Through the letters issued under the appointment, or a certificate from the clerk under official seal confirming that those letters issued.

Source & verification. The rule text and History are reproduced verbatim from the official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 44). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: authenticating official recordscertified copies