Proving an Official Record

(a) Means of Proving. (1) Domestic Record. Each of the following evidences an official record—or an entry RCFC 43 and 44 66 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 officer’s (B) a copy attested by the officer with legal custody of the record—or by the 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 political the subdivision where the record is kept; or district 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 the of genuineness 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; relates to or by a diplomatic or consular official of foreign country assigned or accredited to the United States. the (C) Other Means of Proof. If all parties have had a reasonable opportunity to record’s investigate authenticity and accuracy, the court may, for good cause, either: (i) admit an attested copy without foreign a (ii) permit final certification; or the record an to be attested evidenced summary with or without a final certification. by (b) Lack of a 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 RCFC 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. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008.) Rules Committee Notes 2002 Revision RCFC 44 is identical to FRCP 44. 2008 Amendment The language of RCFC 44 has been amended to conform to the general restyling of the FRCP.