Rule 15 - Proof of Official Record(a) Authentication. (1) DOMESTIC. An official record kept within the United States or any state, district, commonwealth, territory, or insular possession thereof, or within the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by the officer's deputy, and accompanied by a certificate that such officer has the custody. The certificate may be made by a judge of a court of record of the district or political subdivision in which the record is kept, authenticated by the seal of the court, or may be made by any public officer having a seal of office and having official duties in the district or political subdivision in which the record is kept, authenticated by the seal of that person's office. (2) FOREIGN. 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 (A) of the attesting person, or (B) of any foreign official whose certificate of genuineness of signature and official position relates to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation. A final certification may be made by a secretary of 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, (A) admit an attested copy without final certification or (B) permit the foreign official record to be evidenced by an attested summary with or without a final certification. (b) Lack of Record. A written statement that after diligent search no record or entry of a specified tenor is found to exist in the records designated by the statement, authenticated as provided in subdivision (a) (1) of this rule in the case of a domestic record, or complying with the requirements of subdivision (a) (2) of this rule for a summary in the case of a foreign record, is admissible as evidence that the records contain no such record or entry. (c) Other Proof. This rule does not prevent the proof of official records or of entry or lack of entry therein by any other method authorized by law. COMMENTARY:
These rules clarify the proof needed when dealing with records from outside the state and is particularly important in proving foreign wills and trusts and vital statistics. This clarifies that a certified copy of a domestic record is sufficient, while an exemplified copy is only necessary when dealing with foreign documents.
(d) Non-English Documents. A party presenting a non-English document to the court shall attach to it (1) an English translation of the document and (2) an affidavit of the individual who prepared the translation certifying as to the accuracy of the translation and the qualifications of the individual. COMMENTARY:
This rule establishes the method by which a foreign-language document (such as a will or death certificate) may be presented to the court. All such documents must be accompanied by an English translation and an affidavit of the person preparing the translation. This rule allows parties to select their own interpreters for document translation, as long as such person can establish competency in the affidavit.
(e) Interpreters. The court may appoint an interpreter of its own selection or recommended by a party and may fix the interpreter's reasonable compensation. The court may direct one or more of the parties to pay the compensation or may tax the compensation as costs. COMMENTARY:
There is currently uncertainty in probate practice as to how to get documents translated. This will allow the court to approve of an interpreter that the parties can then rely on.