§ 4542 — Proof of foreign records and documents

New York § 4542

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

Text

Rule 4542. Proof of foreign records and documents. (a) Foreign record.\nA foreign official record, or an entry therein, when admissible for any\npurpose, may be evidenced by an official publication thereof; or a copy\nthereof, attested by a person authorized to make the attestation, and\naccompanied by a final certification as to the genuineness of the\nsignature and official position\n 1. of the attesting person, or\n 2. of any foreign official whose certificate of genuineness of\nsignature and official position\n (i) relates to the attestation, or\n (ii) is in a chain of certificates of genuineness of signature and\nofficial position relating to the attestation.\n (b) Final certification. A final certification may be made by a\nsecretary of an embassy or legation, consul general, consul, vice\nconsul, or consular agent of the United States, or a diplomatic or\nconsular official of the foreign country assigned or accredited to the\nUnited States. If reasonable opportunity has been given to all parties\nto investigate the authenticity and accuracy of the documents, the court\nmay, for good cause shown, admit an attested copy without final\ncertification, or permit the foreign official record to be evidenced by\nan attested summary with or without a final certification.\n (c) Lack of record. A written statement that after diligent search no\nrecord or entry of a specified tenor was found to exist in the foreign\nrecords designated by the statement, authenticated in compliance with\nthe requirements set forth in subdivisions (a) and (b) for a copy of a\nforeign record is admissible as evidence that the records contain no\nsuch record or entry.\n