Rule 44.Proving an Official Record

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 44 sets out how to prove an official record — domestic or foreign — at trial, through an official publication or an attested and certified copy, and how to prove that no such record exists.

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 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) 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 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 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 (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.

Plain-English Summary

Rule 44 provides standardized ways to get government records into evidence without calling the records custodian. A domestic official record may be proved by an official publication or by an attested copy accompanied by a custodian's certificate (itself made under seal by a judge or sealed public officer). A foreign official record may be proved by an official publication or by an attested copy with a final certification of genuineness (or a treaty-based certification), with some flexibility where all parties have had a chance to investigate authenticity. The rule also allows proof that records contain no such entry, and preserves any other method of proof authorized by law.

Frequently Asked Questions

How do I prove a government record at trial?

By an official publication of the record, or by a copy attested by the records custodian and accompanied by a certificate of custody made under seal — with additional certification steps for foreign records.

Can I prove that a record does not exist?

Yes. A written statement that a diligent search of designated records found no such record or entry is admissible to prove the absence, if it is authenticated as the rule requires.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: proving an official recordauthentication of records