Admissibility of Evidence - Authentication of official record of court or government office in the United States
An official publication, or a copy of an official publication 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 when it is attested as correct by an officer or a deputy of an officer having legal custody.[1]
Where the copy of an official publication of an official record is attested by an officer of the state, it must be accompanied by a certificate signed by 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. A facsimile of the signature of the clerk is sufficient.[2]
In the alternative, the copy of an official publication of an official record must be signed by the officer having legal custody of the original, or his deputy or clerk, with his official seal affixed. A facsimile of the signature of the officer is sufficient. [3]
The copy may also be signed by 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 must be affixed. A facsimile of the signature is sufficient. [4]
Where the copy of the record is attested by an officer of another jurisdiction, it must be accompanied by a certificate that the officer has legal custody of the record and that his signature is believed to be genuine.[5]
The certificate must be made (1) by a judge of a court of record of the district or political subdivision in which the record is kept, and the seal of the court must be affixed; or (2) 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, and the seal of his office must be affixed.[6]
CPLR 4543 provides that nothing in Article 45 of the CPLR prevents the proof of a fact or a writing by any method authorized by any applicable statute or by the rules of evidence at common law. Thus, a party may authenticate any document “by any method authorized by any applicable statute or by the rules of evidence at common law”.
Under Domestic Relations Law § 14-a marriage certificates issued by town and city clerks are self-authenticating.[7]
At common law, if the public record bears the signature of a relevant government official within New York it can be self-authenticating. The Court of Appeals has held that “Courts can take judicial notice of the “authority, and at times even of the signatures, of public officers acting in this state in accordance with our laws. The boundaries of judicial notice are narrower when the officer who certifies is acting under the laws of another state or country... We assume that a custodian of a record has authority, by implication of his office, to certify a copy... Whether there is such a custodian is, however, the pivotal fact upon which implication is dependent.” [8]
[1] CPLR 4540(a)
[2] CPLR 4540(b)
[3] CPLR 4540(b)
[4] CPLR 4540(b)
[5] CPLR 4540(c)
[6] CPLR 4540(c)
[7] See Domestic Relations Law § 14-a
[8] People v. Reese, 258 N.Y. 89, 98, 179 N.E. 305, 307 (1932)
An official publication, or a copy of an official publication 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 when it is attested as correct by an officer or a deputy of an officer having legal custody.[1]
Where the copy of an official publication of an official record is attested by an officer of the state, it must be accompanied by a certificate signed by 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. A facsimile of the signature of the clerk is sufficient.[2]
In the alternative, the copy of an official publication of an official record must be signed by the officer having legal custody of the original, or his deputy or clerk, with his official seal affixed. A facsimile of the signature of the officer is sufficient. [3]
The copy may also be signed by 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 must be affixed. A facsimile of the signature is sufficient. [4]
Where the copy of the record is attested by an officer of another jurisdiction, it must be accompanied by a certificate that the officer has legal custody of the record and that his signature is believed to be genuine.[5]
The certificate must be made (1) by a judge of a court of record of the district or political subdivision in which the record is kept, and the seal of the court must be affixed; or (2) 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, and the seal of his office must be affixed.[6]
CPLR 4543 provides that nothing in Article 45 of the CPLR prevents the proof of a fact or a writing by any method authorized by any applicable statute or by the rules of evidence at common law. Thus, a party may authenticate any document “by any method authorized by any applicable statute or by the rules of evidence at common law”.
Under Domestic Relations Law § 14-a marriage certificates issued by town and city clerks are self-authenticating.[7]
At common law, if the public record bears the signature of a relevant government official within New York it can be self-authenticating. The Court of Appeals has held that “Courts can take judicial notice of the “authority, and at times even of the signatures, of public officers acting in this state in accordance with our laws. The boundaries of judicial notice are narrower when the officer who certifies is acting under the laws of another state or country... We assume that a custodian of a record has authority, by implication of his office, to certify a copy... Whether there is such a custodian is, however, the pivotal fact upon which implication is dependent.” [8]
[1] CPLR 4540(a)
[2] CPLR 4540(b)
[3] CPLR 4540(b)
[4] CPLR 4540(b)
[5] CPLR 4540(c)
[6] CPLR 4540(c)
[7] See Domestic Relations Law § 14-a
[8] People v. Reese, 258 N.Y. 89, 98, 179 N.E. 305, 307 (1932)
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
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The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
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This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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