Del. Ch. Ct. R. 44

(a) Authentication.

(1) Domestic. An official record kept within the United

States, or any state, district, or commonwealth, or

within a territory subject to the administrative or

judicial jurisdiction of the United States, or an entry

therein, when admissible for any purpose, may be

evidenced by an official publication thereof or by a copy

attested by the officer having the legal custody of the

record, or by the officer’s deputy, and accompanied with

a certificate that such officer has the custody. The

certificate may be made by a judge of a court of record

of the political subdivision in which the record is kept,

authenticated by the seal of the court, or may be made

by any public officer having a seal of office and having

official duties in the political subdivision in which the

record is kept, authenticated by the officer’s seal.

(2) Foreign. A foreign official record, or any entry

therein, when admissible for any purpose, may be

evidenced by an official publication thereof; or a copy

thereof, attested by a person authorized to make the

attestation, and accompanied by a final certification as

to the genuineness of the signature and official position

(i) of the attesting person, or (ii) of any foreign official

whose certificate of genuineness of signature and

official position relates to the attestation or is in a chain

of certificates of genuineness of signature and official

position relating to the attestation. A final certification

may be made by a secretary of embassy or legation,

consul general, consul, vice consul, or consular agent of

the United States, or a diplomatic on consular official of

the foreign country assigned or accredited to the United

States. If reasonable opportunity has been given to all

parties to investigate the authenticity and accuracy of

the documents, the Court may, for good cause shown, (i)

admit an attested copy without final certification or (ii)

permit the foreign official record to be evidenced by an

attested summary with or without a final certification.

The final certification is unnecessary if the record and

the attestation are certified as provided in a treaty or

convention to which the United States and the foreign

country in which the official record is located are

parties.

(b) Lack of Record. A written statement that after

diligent search no record or entry of a specified tenor is

found to exist in the records, designated by the statement

authenticated as provided in paragraph (a)(1) of this rule

in the case of a domestic record, or complying with the

requirements of paragraph (a)(2) of this rule for a summary

in the case of a foreign record, is admissible as evidence

that the records contain no such record or entry.

(c) Other Proof. This rule does not prevent the proof of

official records or of entry or lack of entry therein by any

other method authorized by law.