CPLR 4541 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 4540-A Presumption of authenticity based on a party's production of material authored or otherwise created by the party up ARTICLE 45 Evidence next SECTION 4542 Proof of foreign records and documents Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 4541 Proof of proceedings before justice of the peace Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 45 Rule 4541. Proof of proceedings before justice of the peace. (a) Of the state. A transcript from the docket-book of a justice of the peace of the state, subscribed by him, and authenticated by a certificate signed by the clerk of the county in which the justice resides, with the county seal affixed, to the effect that the person subscribing the transcript is a justice of the peace of that county, is prima facie evidence of any matter stated in the transcript which is required by law to be entered by the justice in his docket-book. (b) Of another state. A transcript from the docket-book of a justice of the peace of another state, of his minutes of the proceedings in a cause, of a judgment rendered by him, of an execution issued thereon or of the return of an execution, when subscribed by him, and authenticated as prescribed in this subdivision is prima facie evidence of his jurisdiction in the cause and of the matters shown by the transcript. The transcript shall be authenticated by a certificate of the justice to the effect that it is in all respects correct and that he had jurisdiction of the cause; and also by a certificate of the clerk or prothonotary of the county in which the justice resides, with his official seal affixed, to the effect that the person subscribing the certificate attached to the transcript is a justice of the peace of that county.