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ME · rules

M.R. Civ. P. 44

PROOF OF OFFICIAL RECORD

activein force · 2026-06-01 – presentact-effective-date

(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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