§ 4540 — Authentication of official record of court or government office in the United States

New York § 4540

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 45: Evidence

Text

Rule 4540. Authentication of official record of court or government\noffice in the United States. (a) Copies permitted. An official\npublication, or a copy attested as correct by an officer or a deputy of\nan officer having legal custody of an official record of the United\nStates or of any state, territory or jurisdiction of the United States,\nor of any of its courts, legislature, offices, public bodies or boards\nis prima facie evidence of such record.\n (b) Certificate of officer of the state. Where the copy is attested by\nan officer of the state, it shall be accompanied by a certificate signed\nby, or with a facsimile of the signature of, the clerk of a court having\nlegal custody of the record, and, except where the copy is used in the\nsame court or before one of its officers, with the seal of the court\naffixed; or signed by, or with a facsimile of the signature of, the\nofficer having legal custody of the original, or his deputy or clerk,\nwith his official seal affixed; or signed by, or with a facsimile of the\nsignature of, the presiding officer, secretary or clerk of the public\nbody or board and, except where it is certified by the clerk or\nsecretary of either house of the legislature, with the seal of the body\nor board affixed. If the certificate is made by a county clerk, the\ncounty seal shall be affixed.\n (c) Certificate of officer of another jurisdiction. Where the copy is\nattested by an officer of another jurisdiction, it shall be accompanied\nby a certificate that such officer has legal custody of the record, and\nthat his signature is believed to be genuine, which certificate shall be\nmade by a judge of a court of record of the district or political\nsubdivision in which the record is kept, with the seal of the court\naffixed; or by any public officer having a seal of office and having\nofficial duties in that district or political subdivision with respect\nto the subject matter of the record, with the seal of his office\naffixed.\n (d) Printed tariff or classification subject to public service\ncommission, commissioner of transportation or interstate commerce\ncommission. A printed copy of a tariff or classification which shows a\npublic service commission or commissioner of transportation number of\nthis state and an effective date, or a printed copy of a tariff or\nclassification which shows an interstate commerce commission number and\nan effective date, is admissable in evidence, without certification, and\nis prima facie evidence of the filed original tariff or classification.\n