Arizona

Civil Procedure

Civil Procedure

Rule 44 – Proving an Official Record

(a) Authenticating an Official Record-Generally.

(1)Domestic Record. A record–or an entry in it–may be authenticated as an official record if it 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 and it is:

(A) an official publication of the record; or
(B) a copy attested by the officer with legal custody of the record–or by the officer’s deputy–and accompanied by a certificate that the officer has custody. The certificate must be made under seal, or its equivalent:

(i) by a judge of a court of record in the district or political subdivision where the record is kept; 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)Generally. A record–or an entry in it–may be authenticated as a foreign official record if:

(i) it is an official publication of the record; or
(ii) the record–or a copy–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 of genuineness relates to the 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; or by a diplomatic or consular official of the foreign country assigned or accredited to the United States.
(C)Other Means of Proof. If all parties have had a reasonable opportunity to investigate a foreign record’s authenticity and accuracy, the court may, for good cause, either:

(i) admit an attested copy without final certification; or
(ii) permit the contents of the record to be proved by an attested summary with or without a final certification.
(b) Lack of a Record. A written statement that a diligent search of designated records revealed no record or entry on a specified topic is admissible as evidence that the records contain no such record or entry. For domestic records, the statement must be authenticated under Rule 44(a)(1). For foreign records, the statement must comply with Rule 44(a)(2)(C)(ii).
(c) Other Proof. A party may authenticate an official record-or an entry or lack of an entry in it-by any other method authorized by law.
(d) Means of Proving Appointment of Guardian, Personal Representative, Administrator, or Conservator. The appointment and qualifications of a guardian, personal representative, administrator, or conservator may be proved by the letters issued as prescribed by law, or a certificate of the clerk under official seal that the letters issued.

Ariz. R. Civ. P. 44

Amended effective January 1, 2017.