The Evidence (United States of America) Order 1969 No. 146


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United Kingdom Statutory Instruments


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Statutory Instruments

1969 No. 146

EVIDENCE

The Evidence (United States of America) Order 1969

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.

N. E. Leigh

SCHEDULE

State or DistrictRegisterCertifying Officer
ALABAMABirths and Deaths State Registrar or Local Health Officer.
Marriages State Registrar or County Probate Judge.
ALASKABirths, Deaths and MarriagesState Registrar of Vital Statistics or Local Registrars: Magistrates and District Judges.
ARIZONABirths and DeathsDirector, Bureau of Vital Statistics, or County Registrar for Pima or Maricopa Counties.
MarriagesClerk of Superior Court.
ARKANSASBirths and Deaths Director, Bureau of Vital Statistics.
MarriagesDirector, Bureau of Vital Statistics, or County Clerk.
CALIFORNIA Births and DeathsChief, Bureau of Vital Statistics, Local Registrar, County Recorder, City or County Health Officer.
MarriagesChief, Bureau of Vital Statistics, or County Recorder.
COLORADOBirths and DeathsChief, Records and Statistics Section, or Local Registrar.
MarriagesCourt Clerk of Records or Chief, Records and Statistics Section.
CONNECTICUT Births, Deaths and MarriagesChief, Public Health Statistics Section, or Local Registrar.
DELAWAREBirths, Deaths and Marriages Chief, Bureau of Vital Statistics, or Local Registrar.
DISTRICT OF COLUMBIABirths and DeathsSupervisor, Vital Records Unit.
MarriagesDeputy Clerk, Marriage Bureau or Clerk, U.S. District Court.
FLORIDABirths and DeathsDirector, Bureau of Vital Statistics, or Local Registrar.
MarriagesDirector, Bureau of Vital Statistics, or County Judge.
GEORGIABirths and DeathsDirector, Vital Records Service, or County Ordinary.
MarriagesCounty Ordinary.
HAWAIIBirths, Deaths and Marriages Registrar General.
IDAHOBirths, Deaths and MarriagesDirector, Bureau of Vital Statistics, or County Recorder.
ILLINOISBirths and DeathsDeputy State Registrar, Local Registrar or County Clerk.
MarriagesCounty Clerk.
INDIANABirths and DeathsDirector, Division of Vital Records, or Local Registrar: Health Officer.
MarriagesClerk of Circuit Court or Clerk of Superior Court.
IOWABirths, Deaths and Marriages Director, Records and Statistics Section, or County Clerk.
KANSASBirths and DeathsDirector, Division of Vital Statistics and Records.
MarriagesDirector, Division of Vital Statistics and Records, or Probate Judge.
KENTUCKYBirths and DeathsDirector, Office of Vital Statistics.
MarriagesDirector, Office of Vital Statistics, or County Court Clerk.
LOUISIANABirths and DeathsDirector, Division of Public Health Statistics, or City Registrar in New Orleans.
MarriagesClerk of Court, or City Registrar in New Orleans.
MAINEBirths, Deaths and MarriagesDirector, Division of Research and Vital Records, or Town and City Clerks.
MARYLANDBirths and DeathsChief, Division of Vital Records, or Director, Bureau of Vital Records in Baltimore.
MarriagesChief, Division of Vital Records, County Clerk of Circuit Court or Clerk of Court of Common Pleas of Baltimore.
MASSACHUSETTSBirths, Deaths and MarriagesSecretary of the Commonwealth, Town and City Clerks or Local Registrars of Vital Statistics.
MICHIGANBirths and DeathsChief, Vital Records Section, County Clerk or City and Village Clerks.
MarriagesChief, Vital Records Section, or County Clerks.
MINNESOTABirths and DeathsChief, Section of Vital Statistics, District Court Clerk or City Health Officer.
MarriagesDistrict Court Clerk.
MISSISSIPPI Births and Deaths Director, Division of Public Health Statistics.
MarriagesDirector, Division of Public Health Statistics, or County Circuit Clerk.
MISSOURIBirths 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.
MONTANABirths and DeathsState Registrar, County Clerk and Recorder or Local Registrar.
Marriages Clerk of District Court.
NEBRASKABirths and DeathsDirector, Bureau of Vital Statistics, or Omaha-Douglas Health Officer.
MarriagesDirector, Bureau of Vital Statistics, or County Court.
NEVADABirths and Deaths Chief, Section of Vital Statistics.
Marriages County Recorder or Chief, Section of Vital Statistics.
NEW HAMPSHIREBirths, Deaths and Marriages Director, Bureau of Vital Statistics, Town or City Clerk.
NEW JERSEYBirths, Deaths and MarriagesChief, Vital Statistics and Registration, or Local Registrar.
NEW MEXICOBirths and DeathsChief, Division of Vital Statistics.
MarriagesCounty Clerk.

NEW YORK

(a) other than New York City

Births and DeathsDirector, Bureau of Vital Records, Local Health Officer, City, Town or Village Clerk, County Commissioner of Health or Local Registrar of Vital Statistics.
MarriagesDirector, 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.
MarriagesCity Clerk.
NORTH CAROLINABirths, Deaths and MarriagesChief, Public Health Statistics Section, or County Register of Deeds.
NORTH DAKOTABirths and DeathsDirector, Division of Vital Statistics.
MarriagesCounty Judge.
OHIOBirths and DeathsChief, Division of Vital Statistics, Local Registrar or Clerk of the County Court.
MarriagesProbate Judge.
OKLAHOMABirths and DeathsSupervisor of Vital Records.
MarriagesClerk of Court.
OREGONBirths and DeathsState Registrar, Portland Health Officer or County Registrar of Vital Statistics.
MarriagesState Registrar or County Clerk.
PENNSYLVANIA BirthsState Registrar of Vital Statistics.
DeathsState Registrar of Vital Statistics, or Local Registrar in Pittsburgh, Philadelphia, Erie or Scranton.
MarriagesCounty Clerk.
RHODE ISLANDBirths and DeathsChief, Division of Vital Statistics, or Local Registrar.
MarriagesChief, Division of Vital Statistics, Local Registrar, Town or City Clerk.
SOUTH CAROLINABirths and DeathsState Registrar, County Health Officer or Clerk of Court.
MarriagesState Registrar or Probate Judge.
SOUTH DAKOTABirths, Deaths and MarriagesDirector, Division of Public Health Statistics, or County Clerk of Court.
TENNESSEEBirths and DeathsState Registrar.
MarriagesState Registrar or County Court Clerk.
TEXASBirths and DeathsState Registrar, County Clerk or Local Registrar.
MarriagesCounty Clerk.
UTAHBirths and DeathsDirector, Division of Vital Statistics, or Local Registrar in Ogden, Provo or Logan.
MarriagesCounty Clerk.
VERMONTBirths, Deaths and MarriagesSecretary of State, Town or City Clerk.
VIRGINIABirths and DeathsState Registrar, City or County Health Officer.
MarriagesState Registrar or Clerk of Court.
WASHINGTONBirths and DeathsState Registrar, Local Registrar or County Auditor.
MarriagesState Registrar of Vital Statistics or County Auditor.
WEST VIRGINIA Births and DeathsDirector, Division of Vital Statistics, or County Clerk.
Marriages County Clerk.
WISCONSINBirths, Deaths and MarriagesDirector, Bureau of Vital Statistics, Register of Deeds or City Health Officer.
WYOMINGBirths and DeathsDirector, Division of Vital Statistics.
MarriagesDirector, 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.


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URL: http://www.bailii.org/uk/legis/num_reg/1969/uksi_1969146_en.html