Rule44. Proof of official record.
(a)Authentication of copy. An official record or an entrytherein, when admissible for any purpose, may be evidenced by an officialpublication thereof or by a copy attested by the officer having the legalcustody of the record, or by his deputy, and in the absence of judicialknowledge or competent evidence, accompanied with a certificate that suchofficer has the custody. If the office in which the record is kept is withinthe United States or within a territory or insular possession subject to thedominion of the United States, the certificate may be made by a judge of acourt of record of the district or political subdivision in which the record iskept, authenticated by the seal of the court, or may be made by any publicofficer having a seal of office and having official duties in the district orpolitical subdivision in which the record is kept, authenticated by the seal ofhis office. If the office in which the record is kept is in a foreign state orcountry, the certificate may be made by a secretary of embassy or legation,consul general, consul, vice consul, or consular agent or by any officer in theforeign service of the United States stationed in the foreign state or countryin which the record is kept, and authenticated by the seal of his office.
(b)Proof of lack of record. A written statement signed by anofficer having the custody of an official record or by his deputy that afterdiligent search no record or entry of a specified tenor is found to exist inthe records of his office, accompanied by a certificate as above provided, isadmissible as evidence that the records of his office contain no such record orentry.
(c)Other proof. This rule does not prevent theproof of official records or of entry or lack of entry therein by any methodauthorized by any applicable statute or by the rules of evidence at common law.
(d)Certified copy of record read in evidence. Acopy of any official record, or entry therein, in the custody of a publicofficer of this state, or of the United States, certified by the officer havingcustody thereof, to be a full, true and correct copy of the original in hiscustody, may be read in evidence in an action or proceeding in the courts ofthis state, in like manner and with like effect as the original could be ifproduced.
(e)Official record defined. As used in this rule"official record" shall mean all public writings, including laws, judicialrecords, all official documents, and public records of private writings.
(f)Proof of the law of another state, territory or foreign country. Aprinted copy of a statute, or other written law of another state, or of aterritory, or of a foreign country, or a printed copy of a proclamation, edict,decree or ordinance by the executive power thereof, contained in a book orpublication purporting or proved to have been published by the authoritythereof, or proved to be commonly admitted as evidence of the existing law ofthe judicial tribunals thereof, is presumptive evidence of the statute, law,proclamation, edict, decree or ordinance. The unwritten or common law ofanother state, or of a territory, or of a foreign country, may be proved as afact by oral evidence. The books of reports of cases adjudged in the courtsthereof must also be admitted as presumptive evidence of the unwritten orcommon law thereof. The law of such state or territory or foreign country is tobe determined by the court or master and included in the findings of the courtor master or instructions to the jury, as the case may be. Such finding orinstruction is subject to review. In determining such law, neither the trialcourt nor the Supreme Court shall be limited to the evidence produced on thetrial by the parties, but may consult any of the written authorities abovenamed in this subdivision, with the same force and effect as if the same hadbeen admitted in evidence.