§ 4542. Proof of foreign records and documents.
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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.