Section 4540. Authentication of official record of court or government office in the United States  


Latest version.
  • (a)  Copies  permitted.  An   official
      publication,  or a copy attested as correct by an officer or a deputy of
      an officer having legal custody of an  official  record  of  the  United
      States  or of any state, territory or jurisdiction of the United States,
      or of any of its courts, legislature, offices, public bodies  or  boards
      is prima facie evidence of such record.
        (b) Certificate of officer of the state. Where the copy is attested by
      an officer of the state, it shall be accompanied by a certificate signed
      by, or with a facsimile of the signature of, the clerk of a court having
      legal  custody  of the record, and, except where the copy is used in the
      same court or before one of its officers, with the  seal  of  the  court
      affixed;  or  signed  by,  or  with a facsimile of the signature of, the
      officer having legal custody of the original, or his  deputy  or  clerk,
      with his official seal affixed; or signed by, or with a facsimile of the
      signature  of,  the  presiding officer, secretary or clerk of the public
      body or board and,  except  where  it  is  certified  by  the  clerk  or
      secretary  of either house of the legislature, with the seal of the body
      or board affixed. If the certificate is made  by  a  county  clerk,  the
      county seal shall be affixed.
        (c)  Certificate of officer of another jurisdiction. Where the copy is
      attested by an officer of another jurisdiction, it shall be  accompanied
      by  a certificate that such officer has legal custody of the record, and
      that his signature is believed to be genuine, which certificate shall be
      made by a judge of a court  of  record  of  the  district  or  political
      subdivision  in  which  the  record  is kept, with the seal of the court
      affixed; or by any public officer having a seal  of  office  and  having
      official  duties  in that district or political subdivision with respect
      to the subject matter of  the  record,  with  the  seal  of  his  office
      affixed.
        (d)  Printed  tariff  or  classification  subject  to  public  service
      commission,  commissioner  of  transportation  or  interstate   commerce
      commission.  A  printed copy of a tariff or classification which shows a
      public service commission or commissioner of  transportation  number  of
      this  state  and  an  effective  date,  or a printed copy of a tariff or
      classification which shows an interstate commerce commission number  and
      an effective date, is admissable in evidence, without certification, and
      is prima facie evidence of the filed original tariff or classification.