§ 5328. Proof of official records.
(a) Domestic record.--An official record kept within the United States, or any state, district, commonwealth,
territory, insular possession thereof, or the Panama Canal Zone, 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 his deputy, and accompanied by a certificate
that the officer has the custody. The certificate may be made by a judge of a court
of record having jurisdiction in the governmental unit in which the record is kept,
authenticated by the seal of the court, or by any public officer having a seal of
office and having official duties in the governmental unit in which the record is
kept, authenticated by the seal of his office.
(b) Foreign record.--A foreign official record, or an entry therein, when admissible for any purpose, may
be evidenced by an official publication or 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 either:
(i) relates to the attestation; or
(ii) 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 tribunal 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) Alternative method for certain domestic and foreign records.--The statutes, codes, written laws, executive acts, or legislative or judicial proceedings
of any domestic or foreign jurisdiction or governmental unit thereof may also be evidenced
by any publication proved to be commonly accepted as proof thereof in the tribunals
having jurisdiction in that governmental unit.
(d) 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 this section in the case of a domestic record, or complying with the requirements
of this section for a summary in the case of a record in a foreign country, is admissible
as evidence that the records contain no such record or entry.
Cross References. Section 5328 is referred to in sections 5329, 6105, 6110 of this title; section 202
of Title 15 (Corporations and Unincorporated Associations).
Notes of Decisions
Est. of: J.M. v. McFadden, J., 305 A.3d 1092 (Pa. Super. Ct. 2023).
· cites it 4× “Whether the trial court erred in failing to strike the entry of the foreign judgment when the document which purports to be the docket entries incidental to the foreign judgment was not properly authenticated in accordance with 42 Pa.C.S. § 5328(a). 3. Whether the trial court…”
Gallant v. Commonwealth, Dep't of Transp., 805 A.2d 1 (Pa. Commw. Ct. 2002).
· cites it 3× “See 42 Pa. C.S. § 5328. [15] The reasoning behind these exceptions is as follows: First, these records are likely to be trustworthy because of the official duty imposed on those preparing the records.”
Aquilino v. Philadelphia Catholic Archdiocese, 884 A.2d 1269 (Pa. Super. Ct. 2005).
“— When the law of this Commonwealth authorizes service of process outside this Commonwealth, the service, when reasonably calculated to give actual notice, may be made: [[Image here]] [[Image here]] 42 Pa.C.S. § 5328(a)(3), (b). The relevant rules of civil procedure provide:…”
Koterba v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 736 A.2d 761 (Pa. Commw. Ct. 1999).
· cites it 2× “Third, Koterba contends that the trial court improperly admitted the New Jersey conviction report in violation of the requirements of Section 5328(a) of the Uniform Interstate and International Procedure Act (Act), 42 Pa.C.S. § 5328(a), 12 and therefore, there is no evidence to…”
Commonwealth, Aplt. v. Olivo, J., 127 A.3d 769 (Pa. 2015).
“810 (Records: Evidentiary sufficiency); 42 Pa.C.S. §§ 5328 (Proof of official records); 5916 (Confidential communications to attorney); 5918 (Examination of defendant as to other offenses); 5921 (Interest not to disqualify); 5922 (Disqualification by perjury); 5929 (Physicians…”
Domus, Inc. v. Signature Bldg. Sys., 224 A.3d 31 (Pa. Super. Ct. 2019).
· cites it 3× “42 Pa.C.S. § 5328(a). Federal law provides a similar analogue stating in pertinent part as follows: The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United…”
Shapiro v. State Bd. of Acct., 856 A.2d 864 (Pa. Commw. Ct. 2004).
“42 Pa.C.S. § 5328(a). Accordingly, in order for these documents, which constitute official records of the SEC 16 and the United States District Court for the Eastern District of Pennsylvania, 17 to be admissible *876 as an exception to the hearsay rule, they must be properly…”
Mackall v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 680 A.2d 31 (Pa. Commw. Ct. 1996).
· cites it 2× “Before this Court, Mackall contends the documents offered by the Department do not meet the criteria set forth in Section 5328(a) of the Uniform Interstate and International Procedure Act (Act), 42 Pa.C.S. § 5328(a). Thus, Mackall contends the common pleas court improperly…”
Rhoads v. Commonwealth, 620 A.2d 659 (Pa. Commw. Ct. 1993).
· cites it 2× “whether the common pleas court decision should be reversed where that court admitted into evidence and relied upon documents presented by the Department and alleged to be from the state of Delaware, which did not include a sufficient affidavit to satisfy the certification…”
Walck v. Com. Dept. of Transp., 625 A.2d 1276 (Pa. Commw. Ct. 1993).
· cites it 2× “Walck first contends on appeal that the alleged abstract of driver history record from New Jersey’s Division of Motor Vehicles, dated March 18,1992 and introduced by the Department as part of its Exhibit 1, was inadmissible under Section 5828(a) of the Uniform Interstate and…”
Maggiano v. Pennsylvania State Bd. of Veh. Mfrs., Dealers, & Salespersons, 659 A.2d 1071 (Pa. Commw. Ct. 1995).
“In Naglich, the documents found not admissible were those from another state that did not conform to Section 5328(a) of the Uniform Interstate and International Procedure Act, 42 Pa.C.S. § 5328(a), but the Commonwealth’s records, like those at issue here, conformed to the…”
In re Appeal of Finkelstein, 458 A.2d 326 (Pa. Commw. Ct. 1983).
“— An official record kept with the United States, or any state, district, commonwealth, territory, insular possession thereof, or the Panama Canal Zone, the Trust Territory of the Pacific Islands, or an entry therein, when admissible for any purpose, may be evidenced by an…”
— 42 Pa. Cons. Stat. § 5328(a) — 21 cases
Est. of: J.M. v. McFadden, J., 305 A.3d 1092 (Pa. Super. Ct. 2023).
“Whether the trial court erred in failing to strike the entry of the foreign judgment when the document which purports to be the docket entries incidental to the foreign judgment was not properly authenticated in accordance with 42 Pa.C.S. § 5328(a). 3. Whether the trial court…”
Koterba v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 736 A.2d 761 (Pa. Commw. Ct. 1999).
“Third, Koterba contends that the trial court improperly admitted the New Jersey conviction report in violation of the requirements of Section 5328(a) of the Uniform Interstate and International Procedure Act (Act), 42 Pa.C.S. § 5328(a), 12 and therefore, there is no evidence to…”
Gallant v. Commonwealth, Dep't of Transp., 805 A.2d 1 (Pa. Commw. Ct. 2002).
“See 42 Pa. C.S. § 5328. [15] The reasoning behind these exceptions is as follows: First, these records are likely to be trustworthy because of the official duty imposed on those preparing the records.”
Domus, Inc. v. Signature Bldg. Sys., 224 A.3d 31 (Pa. Super. Ct. 2019).
“42 Pa.C.S. § 5328(a). Federal law provides a similar analogue stating in pertinent part as follows: The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United…”
Shapiro v. State Bd. of Acct., 856 A.2d 864 (Pa. Commw. Ct. 2004).
“42 Pa.C.S. § 5328(a). Accordingly, in order for these documents, which constitute official records of the SEC 16 and the United States District Court for the Eastern District of Pennsylvania, 17 to be admissible *876 as an exception to the hearsay rule, they must be properly…”
— 42 Pa. Cons. Stat. § 5328(a)(3) — 1 case
Aquilino v. Philadelphia Catholic Archdiocese, 884 A.2d 1269 (Pa. Super. Ct. 2005).
“— When the law of this Commonwealth authorizes service of process outside this Commonwealth, the service, when reasonably calculated to give actual notice, may be made: [[Image here]] [[Image here]] 42 Pa.C.S. § 5328(a)(3), (b). The relevant rules of civil procedure provide:…”
— 42 Pa. Cons. Stat. § 5328(d) — 1 case
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