2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 45 - (4501 - 4548) EVIDENCE
R4540 - Authentication of official record of court or government office in the United States.


NY CPLR § R4540 (2012) What's This?
 
    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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.