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Code · New York · Civil Practice Law & Rules · Evidence

§ 4541. Proof of proceedings before justice of the peace.

244 words·~1 min read·/ny/civil-practice-law-rules/evidence/4541·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Rule 4541. Proof of proceedings before justice of the peace.
(a)Of
the state. A transcript from the docket-book of a justice of the peace
of the state, subscribed by him, and authenticated by a certificate
signed by the clerk of the county in which the justice resides, with the
county seal affixed, to the effect that the person subscribing the
transcript is a justice of the peace of that county, is prima facie
evidence of any matter stated in the transcript which is required by law
to be entered by the justice in his docket-book.
(b)Of another state. A transcript from the docket-book of a justice
of the peace of another state, of his minutes of the proceedings in a
cause, of a judgment rendered by him, of an execution issued thereon or
of the return of an execution, when subscribed by him, and authenticated
as prescribed in this subdivision is prima facie evidence of his
jurisdiction in the cause and of the matters shown by the transcript.
The transcript shall be authenticated by a certificate of the justice to
the effect that it is in all respects correct and that he had
jurisdiction of the cause; and also by a certificate of the clerk or
prothonotary of the county in which the justice resides, with his
official seal affixed, to the effect that the person subscribing the
certificate attached to the transcript is a justice of the peace of that
county.
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