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Rule 44.Proving an official record

Group VI: Trials · Last amended March 1, 2019 · Last verified July 14, 2026

In one sentenceRule 44 lays out the methods for proving an official record from within the United States or from a foreign country, including certified copies, attestation requirements, 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 Rule 44(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.
End

Notes

Drafter’s Note, Amendment Effective January 1, 2005: The rule is amended to conform to the federal rule, as amended effective December 1, 1991.

Amendment History

Amended eff. 9-27-71; Amended eff. 01-01-05; Amended eff. 3-1-19.

Plain-English Summary

Rule 44 is a roadmap for authenticating official records without having to march the record-keeper into court. For a domestic record kept somewhere in the United States or its territories, an official published copy works on its own, or a copy attested by the officer who has legal custody — or that officer’s deputy — works if paired with a certificate confirming custody, sealed and signed by a judge or another qualified public officer where the record is kept.

Foreign records follow a parallel but more layered path. An official publication still suffices on its own, but an attested copy generally needs a final certification of genuineness, or a certification under a treaty between the United States and the country where the record sits. The rule specifies who can issue that final certification — a U.S. diplomatic or consular officer, for instance, or a foreign diplomat accredited to the United States — and lets a court waive the formal certification, or accept an attested summary, when everyone has had a fair chance to check the record’s authenticity and accuracy.

The rule closes with two backstops. A written statement that a diligent search turned up no record of a specified kind can itself serve as evidence that no such record exists, following the same authentication rules as the underlying record would have. And nothing here forecloses proving a record, or its absence, by any other method the law otherwise allows.

Frequently Asked Questions

How do I prove a government record is authentic without calling the custodian to testify?

Use an official published version of the record, or a copy attested by the officer with legal custody (or a deputy), accompanied by a sealed certificate confirming that custody, signed by a judge or another qualifying public officer where the record is kept.

What is different about authenticating a foreign official record?

A foreign record generally needs either an official publication, or an attested copy paired with a final certification of genuineness or a certification under an applicable treaty, unless the court allows a relaxed showing after a reasonable opportunity to investigate.

Who can sign a final certification of genuineness for a foreign record?

A U.S. embassy or legation secretary, a U.S. consular officer such as a consul general or vice consul, or a diplomatic or consular official of the foreign country accredited to the United States.

How do I prove that a record does not exist?

A written statement reflecting a diligent search that found no such record or entry is admissible as proof of that absence, so long as it is authenticated the same way the underlying domestic or foreign record would be.

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

No. The rule expressly preserves any other method of proving an official record, or the lack of one, that the law otherwise allows.

Source & verification. Rule text, official Advisory Committee Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026. · Official source
Also known as: proving public recordscertified copy of official recordauthenticating foreign documentsattested record evidenceno record found certificate