N.Y. Civil Practice Law & Rules § 4542: Proof of foreign records and documents

Rule 4542. Proof of foreign records and documents. (a) Foreign record.

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

1. of the attesting person, or

2. of any foreign official whose certificate of genuineness of

signature and official position

(i) relates to the attestation, or

(ii) is in a chain of certificates of genuineness of signature and

official position relating to the attestation.

(b) Final certification. A final certification may be made by a

secretary of an 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, admit an attested copy without final

certification, or permit the foreign official record to be evidenced by

an attested summary with or without a final certification.

(c) Lack of record. A written statement that after diligent search no

record or entry of a specified tenor was found to exist in the foreign

records designated by the statement, authenticated in compliance with

the requirements set forth in subdivisions (a) and (b) for a copy of a

foreign record is admissible as evidence that the records contain no

such record or entry.