Rule 44.01.Authentication of copy.
Current through June 18, 2026 · Last verified July 9, 2026
Full Text of Rule 44.01
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
When an official record needs proving at trial -- a court file, a government register, a public agency's document -- Rule 44.01 offers a shortcut so the original doesn't have to appear in the courtroom. An official publication of the record works, or a copy attested by whoever has legal custody of it, or their deputy. If the record sits with an out-of-state custodian, the attested copy has to come with a certificate confirming that officer is the actual custodian.
That certificate has its own chain of authority. For records kept anywhere in the United States or its territories, a judge of a court of record in the district where the record is kept can supply it, sealed by the court, or any public officer with an official seal and duties in that district can do it, sealed by that office. For records kept in another country, the certificate has to come from a U.S. diplomatic or consular officer stationed there -- a secretary of embassy or legation, a consul, vice-consul, or consular agent -- sealed by that officer's office.
Frequently Asked Questions
How do I prove an official government record is genuine without bringing the original to court?
Rule 44.01 lets you use an official publication of the record, or a copy attested by its legal custodian, along with a certificate confirming that custody when the record is held out of state.
What if the record I need to authenticate is kept in a foreign country?
The attesting certificate must come from a U.S. secretary of embassy or legation, consul general, consul, vice-consul, consular agent, or other U.S. foreign-service officer stationed where the record is kept, sealed by that officer's office.
Does a certified copy from a deputy clerk satisfy Rule 44.01?
Yes. The rule allows the attested copy to come from the officer with legal custody of the record, or from that officer's deputy if the record is in the custody of an officer of this state.