Del. Fam. Ct. Civ. 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 by a

certificate that such officer has the custody. The certificate may be made by a judge of a

court of record of the district or 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 district or political subdivision in which the

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

(2) Foreign. A foreign official record, or an 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, vice consul, or consular agent of the

United States, or a diplomatic or 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 subdivision (a)(1) of this Rule in the case of a domestic record, or complying with the

requirements of subdivision (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.