ME · rules
M.R. Civ. P. 44
PROOF OF OFFICIAL RECORD
(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 a person purporting to be the officer having
the legal custody of the record, or the officer’s deputy. If the official record is
kept without the state, the copy shall be 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 that seal.
(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, consul, 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 entry or lack of entry therein by any other method authorized by law.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
2036fcb58bed711cd1b29675b4c8a959b85686d497012dcb4eebe2d995a7b18c
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