The Evidence (United States of America) Order 1969

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 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.