Rule 44.Proof of official records

Part VI: Trials · Last amended December 1, 1993 · Last verified July 28, 2026

In one sentenceRule 44 sets how a party proves an official record's content at trial through an attested copy plus a custody certificate for domestic records or a certification chain for foreign records, how a party proves no such record exists, and that other lawful proof methods remain open.

Full Text of Rule 44

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

(a) Authentication.

(1) Domestic. An official record kept within the United States, or any state, district, or commonwealth, or within a territory subject to the administrative or judicial jurisdiction of the United States, 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 the legal custody of the record, or by the officer’s deputy, and accompanied by a certificate that such officer has the custody. 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 the officer’s 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 (i) of the attesting person, or (ii) of any foreign official whose certificate of genuineness of signature and official position relates to the attestation or is in a chain of certificates 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, 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, (i) admit an attested copy without final certification or (ii) permit the foreign official record to be evidenced by an attested summary with or without a final certification. The final certification is unnecessary if the record and the attestation are certified as provided in a treaty or convention to which the United States and the foreign country in which the official record is located are parties.

(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.

End

Amendment History

Amended, effective Jan. 1, 1967; Jan. 1, 1991; Dec. 1, 1993.

Plain-English Summary

Rule 44(a)(1) covers domestic official records — kept anywhere in the United States, a state, district, commonwealth, or a U.S. territory. A party can prove one by an official publication of it, or by a copy attested by the officer with legal custody (or that officer's deputy), accompanied by a certificate confirming the custody. That certificate comes from a judge of a court of record in the district where the record is kept, authenticated by the court's seal, or from any public officer in that district who holds a seal of office and has official duties there.

Rule 44(a)(2) covers foreign official records, which need an official publication or an attested copy plus a final certification of the genuineness of the attesting person's signature and position — coming from a U.S. secretary of embassy or legation, consul general, vice consul, consular agent, or a foreign diplomatic or consular official accredited to the United States. If every party has had a reasonable chance to check the documents' authenticity and accuracy, the Court can for good cause admit an attested copy without the final certification, or allow an attested summary to stand in for the full record. Where a treaty or convention between the United States and the foreign country already covers certification, no final certification is needed at all.

Rule 44(b) lets a party prove a negative — that no record of a specified kind exists — with a written statement, authenticated the same way as the underlying record would be, saying that a diligent search turned up nothing. Rule 44(c) makes clear none of this forecloses proving an official record, or the lack of one, by any other method the law already allows.

Frequently Asked Questions

How do I prove the content of an official government record at trial?

Rule 44(a)(1) allows proof through an official publication of the record, or an attested copy from the officer with legal custody accompanied by a certificate of that custody, authenticated by a judge's or public officer's seal.

What extra steps does proving a foreign official record take?

Rule 44(a)(2) requires an official publication or attested copy plus a final certification of the genuineness of the attesting official's signature and position, typically from a U.S. consular or diplomatic officer, unless a treaty already covers certification or the Court permits a shortcut for good cause.

How do I prove that a record doesn't exist in a government office's files?

Rule 44(b) allows a written statement, authenticated the same way as the record itself would be, saying that a diligent search found no record or entry of the specified kind.

Is Rule 44 the only way to prove an official record's content?

No. Rule 44(c) states that the rule doesn't prevent proving an official record, or the absence of one, by any other method already authorized by law.

Can the Court excuse the final certification requirement for a foreign record?

Yes, if all parties have had a reasonable chance to investigate the document's authenticity and accuracy, the Court may for good cause admit an attested copy without final certification or allow an attested summary instead.

Source & verification. Rule text is reproduced verbatim from the Delaware Rules of Civil Procedure for the Superior Court, adopted by the Superior Court of the State of Delaware. Last verified July 28, 2026. · Official source

Also known as: proving official records delaware trialauthenticating foreign public documentscertified copy government record delawareno record found affidavit delawarerule 44 proof of records