Rule 44.Proof of Official Record

Part VI: Trials · Last amended 1996 · Last verified July 16, 2026

In one sentenceRule 15-6-44 explains how to prove a domestic or foreign official record through an official publication or a properly certified or attested copy, allows a certified statement that no such record exists, and confirms that other lawful ways of proving a record remain available.

Full Text of Rule 15-6-44

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

(a) Authentication of records.

(1) Domestic. An official record kept within the United States, or any state, district, commonwealth, territory, or insular possession thereof, or within the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a certified copy prepared by the officer having the legal custody of the record, or by that officer’s deputy.

(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, consul, 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.

(b) Statement as to lack of official 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 (1) of § 15-6-44(a) in the case of a domestic record, or complying with the requirements of subdivision (2) of § 15-6-44(a) 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 of official record. Section 15-6-44 does not prevent the proof of official records or of entry or lack of entry therein by any other method authorized by law.

End

Plain-English Summary

Rule 15-6-44 sets out how to authenticate an official record for use in court. A domestic record, kept anywhere in the United States or in a listed state, territory, or possession, can be proved by an official publication of it, or by a copy certified by the officer who has legal custody of the record, or by that officer’s deputy.

Foreign official records take an extra step. They can be proved by an official publication, or by an attested copy carrying a chain of certification: the attesting person’s signature and official position must be certified as genuine, either directly or through a chain of certificates tracing back to someone authorized to make that certification, typically ending in a final certification from a listed United States or foreign consular or diplomatic official. If all parties have had a fair chance to check the documents’ authenticity and accuracy, the court can, for good cause, admit an attested copy without that final certification, or allow the foreign record to come in as an attested summary instead.

The rule also covers the flip side: proving that no record exists. A written statement, authenticated the same way a record itself would be, saying that a diligent search turned up no record or entry of a specified kind, is admissible to show the records contain no such entry.

None of this closes off other ways to prove an official record. Rule 15-6-44 says it does not prevent proving an official record, or an entry or the lack of one, by any other method the law authorizes.

Frequently Asked Questions

How do I prove a domestic public record is authentic in a South Dakota case?

Rule 15-6-44 lets you use an official publication of the record, or a copy certified by the officer who has legal custody of it, or by that officer’s deputy.

What extra steps does proving a foreign official record take?

An attested copy needs a chain of certification of the attesting person’s signature and official position, typically ending in a final certification from a listed United States or foreign consular or diplomatic official, under Rule 15-6-44.

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

Yes. Rule 15-6-44 lets the court, for good cause and after all parties have had a fair chance to check the documents’ authenticity, admit an attested copy without final certification, or allow an attested summary instead.

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

Rule 15-6-44 lets you use a written statement, authenticated the same way as the record itself, saying that a diligent search found no record or entry of the kind specified.

Is Rule 15-6-44 the only way to prove an official record in South Dakota?

No. The rule expressly says it does not prevent proving an official record, or an entry or the lack of one, by any other method the law allows.

Amendment History

(a)SDC 1939 & Supp 1960, § 36.0901; SD RCP, Rule 44 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 1996, ch 313.

(b)SDC 1939 & Supp 1960, § 36.1103; SD RCP, Rule 44 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969.

(c)SD RCP, Rule 44 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969.

Source & verification. Rule text and History are reproduced verbatim from the South Dakota Codified Laws, published by the South Dakota Legislative Research Council. Last verified July 16, 2026. · Official source

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