1969 No. 146

EVIDENCE

The Evidence (United States of America) Order 1969

Made

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.

N. E. Leigh

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.

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.