New York § 4542 - 4542Proof of foreign records and documents

§ 4542. 4542Proof of foreign records and documents

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.