Proof of official records

This rule is identical to Mass.R.Civ.P. 44 . See Fed.R.Crim.P. 27, which incorporates by reference the provisions of Fed.R.Civ.P. 44. Prior to the promulgation of this rule, no statute or rule expressly provided for the proof of official records in criminal cases. The practice developed of utilizing the law applicable to the proof of such records in civil cases. Rule 40 formally recognizes that practice. Like its civil counterpart, Rule 40 is addressed only to authenticating an official record or establishing the lack thereof. It does not govern the authentication of unofficial records, nor does it regulate the extent to which the contents of an authenticated official record are admissible. The term “official record” has been defined generally as including records of any governmental entity, 8A J. MOORE, FEDERAL PRACTICE para. 27.02 at 27-6 (1978), and more particularly as “all documents prepared by public officials pursuant to a duty imposed by law or required by the nature of their offices....” Olender v. United States , 210 F.2d 795, 801 (9th Cir.1954). See Fed.R.Evid. 901(b)(7), 902(1)-(3). Subdivision (a). It should be noted that subdivision (a)(1), unlike its federal counterpart, does not require certification by a judge or other officer of the status of the custodial official if the records are kept within the Commonwealth. As for domestic records kept outside the Commonwealth (subdivision [a][1] ) and foreign records (subdivision [a][2] ), the requirement of double certification is retained. Subdivision (a)(2) is in all other respects in accord with former Massachusetts practice. Subdivision (b). This subdivision permits the written statement of a custodial officer that no particular record can be found, authenticated pursuant to subdivision (a), to suffice as proof that no such record exists. Subdivision (c). Rule 40(c) incorporates all pre-existing statutory methods of proving the existence of, or lack of the existence of, official records. Those statutes are unaffected by the promulgation of this rule. See, e.g., G.L. c. 46, § 19 (records relative to birth, marriage, and death); G.L. c. 233, §§ 76, 76A, 76B (records of departments of government).