The Evidence (United States of America) Order 1969

Type Statutory-Instrument
Publication 1969-02-10
State In force
Department Westlaw
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articles Not indexed
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Made: 10th February 1969

At the Court at Buckingham Palace, the 10th day of February 1969

Present,

The Queen's Most Excellent Majesty in Council

Whereas Her Majesty in Council is satisfied that there exist in the United States of America public registers kept under the authority of the laws of the States and District named in the Schedule to this Order and recognised by the courts thereof as authentic records, and that those registers are regularly and properly kept:

Now, therefore, Her Majesty, by virtue and in the exercise of the powers conferred on Her by section 5(1) of the Oaths and Evidence (Overseas Authorities and Countries) Act 1963 and all other powers in that behalf in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1

This Order may be cited as the Evidence (United States of America) Order 1969.

2

This Order extends to all parts of the United Kingdom.

3

The registers specified in the second column of the Schedule to this Order shall be deemed to be public registers kept under the authority of the law of the respective States and District mentioned in the first column of that Schedule and recognised by the courts of the respective States and District as authentic records and to be documents of such a public nature as to be admissible as evidence of the matters regularly recorded therein.

4

For the purposes of the preceding Article all matters recorded in any such register as aforesaid shall be deemed, until the contrary is proved, to be regularly recorded therein.

5

Subject to any requirements of rules of court, a document which purports to be issued in any of the said States and District as an official copy of an entry in any such register as aforesaid and which purports to be authenticated as such by the signature of any person appearing to be the officer specified in the third column of the Schedule or any other officer who may from time to time be authorised to perform the certifying functions at present performed by the officer so specified shall, without evidence as to the custody of the register or of inability to produce it and without any further or other proof, be received as evidence that the register contains such an entry.

6

Nothing in this Order shall be taken to prohibit or restrict the admission in evidence of any copy, extract, summary, certificate or other document whatsoever which, apart from the provisions of this Order, would be admissible as evidence of any particular matter, or to affect any power which, otherwise than by virtue of this Order, is exercisable by any court with respect to the admission of documents in evidence.

SCHEDULE

State or District Register Certifying Officer
ALABAMA Births and Deaths State Registrar or Local Health Officer.
Marriages State Registrar or County Probate Judge.
ALASKA Births, Deaths and Marriages State Registrar of Vital Statistics or Local Registrars: Magistrates and District Judges.
ARIZONA Births and Deaths Director, Bureau of Vital Statistics, or County Registrar for Pima or Maricopa Counties.
Marriages Clerk of Superior Court.
ARKANSAS Births and Deaths Director, Bureau of Vital Statistics.
Marriages Director, Bureau of Vital Statistics, or County Clerk.
CALIFORNIA Births and Deaths Chief, Bureau of Vital Statistics, Local Registrar, County Recorder, City or County Health Officer.
Marriages Chief, Bureau of Vital Statistics, or County Recorder.
COLORADO Births and Deaths Chief, Records and Statistics Section, or Local Registrar.
Marriages Court Clerk of Records or Chief, Records and Statistics Section.
CONNECTICUT Births, Deaths and Marriages Chief, Public Health Statistics Section, or Local Registrar.
DELAWARE Births, Deaths and Marriages Chief, Bureau of Vital Statistics, or Local Registrar.
DISTRICT OF COLUMBIA Births and Deaths Supervisor, Vital Records Unit.
Marriages Deputy Clerk, Marriage Bureau or Clerk, U.S. District Court.
FLORIDA Births and Deaths Director, Bureau of Vital Statistics, or Local Registrar.
Marriages Director, Bureau of Vital Statistics, or County Judge.
GEORGIA Births and Deaths Director, Vital Records Service, or County Ordinary.
Marriages County Ordinary.
HAWAII Births, Deaths and Marriages Registrar General.
IDAHO Births, Deaths and Marriages Director, Bureau of Vital Statistics, or County Recorder.
ILLINOIS Births and Deaths Deputy State Registrar, Local Registrar or County Clerk.
Marriages County Clerk.
INDIANA Births and Deaths Director, Division of Vital Records, or Local Registrar: Health Officer.
Marriages Clerk of Circuit Court or Clerk of Superior Court.
IOWA Births, Deaths and Marriages Director, Records and Statistics Section, or County Clerk.
KANSAS Births and Deaths Director, Division of Vital Statistics and Records.
Marriages Director, Division of Vital Statistics and Records, or Probate Judge.
KENTUCKY Births and Deaths Director, Office of Vital Statistics.
Marriages Director, Office of Vital Statistics, or County Court Clerk.
LOUISIANA Births and Deaths Director, Division of Public Health Statistics, or City Registrar in New Orleans.
Marriages Clerk of Court, or City Registrar in New Orleans.
MAINE Births, Deaths and Marriages Director, Division of Research and Vital Records, or Town and City Clerks.
MARYLAND Births and Deaths Chief, Division of Vital Records, or Director, Bureau of Vital Records in Baltimore.
Marriages Chief, Division of Vital Records, County Clerk of Circuit Court or Clerk of Court of Common Pleas of Baltimore.
MASSACHUSETTS Births, Deaths and Marriages Secretary of the Commonwealth, Town and City Clerks or Local Registrars of Vital Statistics.
MICHIGAN Births and Deaths Chief, Vital Records Section, County Clerk or City and Village Clerks.
Marriages Chief, Vital Records Section, or County Clerks.
MINNESOTA Births and Deaths Chief, Section of Vital Statistics, District Court Clerk or City Health Officer.
Marriages District Court Clerk.
MISSISSIPPI Births and Deaths Director, Division of Public Health Statistics.
Marriages Director, Division of Public Health Statistics, or County Circuit Clerk.
MISSOURI Births and Deaths Supervisor, Vital Records, St. Louis City Health Officer, St. Louis County Health Officer or Kansas City Health Officer.
Marriages Supervisor, Vital Records, or Recorder of Deeds.
MONTANA Births and Deaths State Registrar, County Clerk and Recorder or Local Registrar.
Marriages Clerk of District Court.
NEBRASKA Births and Deaths Director, Bureau of Vital Statistics, or Omaha-Douglas Health Officer.
Marriages Director, Bureau of Vital Statistics, or County Court.
NEVADA Births and Deaths Chief, Section of Vital Statistics.
Marriages County Recorder or Chief, Section of Vital Statistics.
NEW HAMPSHIRE Births, Deaths and Marriages Director, Bureau of Vital Statistics, Town or City Clerk.
NEW JERSEY Births, Deaths and Marriages Chief, Vital Statistics and Registration, or Local Registrar.
NEW MEXICO Births and Deaths Chief, Division of Vital Statistics.
Marriages County Clerk.
NEW YORK (a) other than New York City Births and Deaths Director, Bureau of Vital Records, Local Health Officer, City, Town or Village Clerk, County Commissioner of Health or Local Registrar of Vital Statistics.
Marriages Director, Bureau of Vital Records, or County Clerk.
(b) New York City Births and Deaths The Borough Registrar, Bureau of Records and Statistics in the Borough.
Marriages City Clerk.
NORTH CAROLINA Births, Deaths and Marriages Chief, Public Health Statistics Section, or County Register of Deeds.
NORTH DAKOTA Births and Deaths Director, Division of Vital Statistics.
Marriages County Judge.
OHIO Births and Deaths Chief, Division of Vital Statistics, Local Registrar or Clerk of the County Court.
Marriages Probate Judge.
OKLAHOMA Births and Deaths Supervisor of Vital Records.
Marriages Clerk of Court.
OREGON Births and Deaths State Registrar, Portland Health Officer or County Registrar of Vital Statistics.
Marriages State Registrar or County Clerk.
PENNSYLVANIA Births State Registrar of Vital Statistics.
Deaths State Registrar of Vital Statistics, or Local Registrar in Pittsburgh, Philadelphia, Erie or Scranton.
Marriages County Clerk.
RHODE ISLAND Births and Deaths Chief, Division of Vital Statistics, or Local Registrar.
Marriages Chief, Division of Vital Statistics, Local Registrar, Town or City Clerk.
SOUTH CAROLINA Births and Deaths State Registrar, County Health Officer or Clerk of Court.
Marriages State Registrar or Probate Judge.
SOUTH DAKOTA Births, Deaths and Marriages Director, Division of Public Health Statistics, or County Clerk of Court.
TENNESSEE Births and Deaths State Registrar.
Marriages State Registrar or County Court Clerk.
TEXAS Births and Deaths State Registrar, County Clerk or Local Registrar.
Marriages County Clerk.
UTAH Births and Deaths Director, Division of Vital Statistics, or Local Registrar in Ogden, Provo or Logan.
Marriages County Clerk.
VERMONT Births, Deaths and Marriages Secretary of State, Town or City Clerk.
VIRGINIA Births and Deaths State Registrar, City or County Health Officer.
Marriages State Registrar or Clerk of Court.
WASHINGTON Births and Deaths State Registrar, Local Registrar or County Auditor.
Marriages State Registrar of Vital Statistics or County Auditor.
WEST VIRGINIA Births and Deaths Director, Division of Vital Statistics, or County Clerk.
Marriages County Clerk.
WISCONSIN Births, Deaths and Marriages Director, Bureau of Vital Statistics, Register of Deeds or City Health Officer.
WYOMING Births and Deaths Director, Division of Vital Statistics.
Marriages Director, Division of Vital Statistics, or County Clerk.

Signed

N. E. Leigh

Explanatory note

EXPLANATORY NOTE

This Order makes entries contained in specified public registers of the United States of America admissible in evidence in the United Kingdom and provides for their proof by official certificates.

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