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