Rule 44.Proving an Official Record

Group VI: Trials · Last amended 2017 · Last verified July 14, 2026

In one sentenceRule 44 sets out how to prove an official domestic or foreign record with a certified or attested copy, how to prove the absence of a record, and confirms that a party may use any other lawful method to prove an official record instead.

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 must be made under seal:

(i) by a judge of a court of record of 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) 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 must certify the genuineness of the signature and official position of the attestor 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 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 prove an official record—or an entry or lack of entry in it—by any other method authorized by law.

End

Comment

This rule is identical to Federal Rule of Civil Procedure 44, as amended in 2007.

Plain-English Summary

Rule 44(a)(1) gives two ways to evidence a domestic official record kept anywhere in the United States or its territories: an official publication of the record, or a copy attested by the officer with legal custody of it (or that officer's deputy), accompanied by a certificate — made under seal — from a judge of a court of record or another public officer with a seal of office in the district where the record is kept. Rule 44(a)(2) extends a similar structure to foreign official records, adding a “final certification of genuineness” that can be supplied by a U.S. embassy or consular official, or by a diplomatic or consular official of the foreign country. If both sides have had a reasonable chance to investigate the foreign record's authenticity, the court can relax these formalities for good cause, admitting an attested copy without final certification or letting the record be proven by an attested summary.

Rule 44(b) handles the opposite situation — proving that a record does not exist. A written statement that a diligent search of specified records turned up no matching entry is admissible to show the records contain no such entry, so long as the statement itself is authenticated the same way a domestic record would be under Rule 44(a)(1), or complies with the foreign-record procedure in Rule 44(a)(2)(C)(ii) when it concerns records kept abroad.

Rule 44(c) is a safety valve: nothing in the rule requires a party to use these specific certification procedures. A party may prove an official record, or an entry or the lack of one, by any other method the law otherwise authorizes. The certified-copy procedures in Rule 44 offer a reliable path to admissibility, not the only one.

Frequently Asked Questions

How do I prove an official government record without calling the record-keeper as a witness?

Rule 44(a)(1) lets you use an official publication of the record, or a copy attested by the officer with legal custody of it and accompanied by a sealed certificate from a judge or another public officer with a seal of office in the district where the record is kept.

What extra step is required to prove a foreign official record?

Rule 44(a)(2) requires an attested copy accompanied by a final certification of genuineness — which can come from a U.S. embassy or consular official or from the foreign country's own diplomatic or consular official — or a certification under an applicable treaty or convention.

Can the court relax the certification requirements for a foreign record?

Yes, for good cause, if all parties have had a reasonable opportunity to investigate the record's authenticity and accuracy. Rule 44(a)(2)(C) then lets the court admit an attested copy without final certification, or allow proof by an attested summary.

How do I prove that a particular record does not exist?

Rule 44(b) allows a written statement that a diligent search of the designated records found no matching entry, so long as the statement is authenticated the same way the underlying domestic or foreign record would be under Rule 44(a).

Do I have to use Rule 44's certification procedures to get an official record admitted?

No. Rule 44(c) makes clear that a party may prove an official record, or the absence of one, by any other method the law otherwise authorizes — Rule 44's procedures are an available option, not a mandatory one.

Source & verification. Rule text and official Comments are reproduced verbatim from the District of Columbia Superior Court Rules of Civil Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026. · Official source

Also known as: certified copy of public record dcproving foreign official record dc superior courtfinal certification of genuineness rule 44proving no record exists dc evidenceauthenticating government records dc rule 44