Managing Records: Laws & Regulations
Rule 4540, Civil
Practice Laws & Rules
Authentication of official records
Rule 4540. Authentication of official record of court or government office
in the United States.
(a) Copies permitted. An official publication, or a copy attested as correct
by an officer or a deputy of an officer having legal custody of an official
record of the United States or of any state, territory or jurisdiction
of the United States, or of any of its courts, legislature, offices, public
bodies or boards is prima facie evidence of such record.
(b) Certificate of officer of the state. Where the copy is attested by
an officer of the state, it shall be accompanied by a certificate signed
by, or with a facsimile of the signature of, the clerk of a court having
legal custody of the record, and, except where the copy is used in the
same court or before one of its officers, with the seal of the court affixed;
or signed by, or with a facsimile of the signature of, the officer having
legal custody of the original, or his deputy or clerk, with his official
seal affixed; or signed by, or with a facsimile of the signature of, the
presiding officer, secretary or clerk of the public body or board and,
except where it is certified by the clerk or secretary of either house
of the legislature, with the seal of the body or board affixed. If the
certificate is made by a county clerk, the
county seal shall be affixed.
(c) Certificate of officer of another jurisdiction. Where the copy is
attested by an officer of another jurisdiction, it shall be accompanied
by a certificate that such officer has legal custody of the record, and
that his signature is believed to be genuine, which certificate shall
be made by a judge of a court of record of the district or political subdivision
in which the record is kept, with the seal of the court affixed; or by
any public officer having a seal of office and having official duties
in that district or political subdivision with respect to the subject
matter of the record, with the seal of his office affixed.
(d) Printed tariff or classification subject to public service commission,
commissioner of transportation or interstate commerce commission. A printed
copy of a tariff or classification which shows a public service commission
or commissioner of transportation number of this state and an effective
date, or a printed copy of a tariff or classification which shows an interstate
commerce commission number and an effective date, is admissable in evidence,
without certification, and is prima facie evidence of the filed original
tariff or classification.