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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 4540: Authentication of official record of court or government office in the United States

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Where this section sits in the code
  1. Civil Practice Law & Rules
  2. Article 45. Evidence

Rule 4540. Authentication of official record of court or government

office in the United States. (a) Copies permitted. An official

publication, or a copy attested as correct by an officer or a deputy of

an officer having legal custody of an official record of the United

States or of any state, territory or jurisdiction of the United States,

or of any of its courts, legislature, offices, public bodies or boards

is prima facie evidence of such record.

(b) Certificate of officer of the state. Where the copy is attested by

an officer of the state, it shall be accompanied by a certificate signed

by, or with a facsimile of the signature of, the clerk of a court having

legal custody of the record, and, except where the copy is used in the

same court or before one of its officers, with the seal of the court

affixed; or signed by, or with a facsimile of the signature of, the

officer having legal custody of the original, or his deputy or clerk,

with his official seal affixed; or signed by, or with a facsimile of the

signature of, the presiding officer, secretary or clerk of the public

body or board and, except where it is certified by the clerk or

secretary of either house of the legislature, with the seal of the body

or board affixed. If the certificate is made by a county clerk, the

county seal shall be affixed.

(c) Certificate of officer of another jurisdiction. Where the copy is

attested by an officer of another jurisdiction, it shall be accompanied

by a certificate that such officer has legal custody of the record, and

that his signature is believed to be genuine, which certificate shall be

made by a judge of a court of record of the district or political

subdivision in which the record is kept, with the seal of the court

affixed; or by any public officer having a seal of office and having

official duties in that district or political subdivision with respect

to the subject matter of the record, with the seal of his office

affixed.

(d) Printed tariff or classification subject to public service

commission, commissioner of transportation or interstate commerce

commission. A printed copy of a tariff or classification which shows a

public service commission or commissioner of transportation number of

this state and an effective date, or a printed copy of a tariff or

classification which shows an interstate commerce commission number and

an effective date, is admissable in evidence, without certification, and

is prima facie evidence of the filed original tariff or classification.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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