XI. I. Attestations and Copies

Effective 10/1/80

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XI. I. Attestations and Copies

Effective 10/1/80

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PURPOSE

Attestation is the verification by the holder of an original document (usually by a court clerk)that a copy of the document is a duplicate or "true copy."

 

LEGAL BASE

1.No copy (carbon or machine) is official until it has been attested.

 

2.Copies of an attested copy must be attested again.

 

3.Attestation must be done at least once for each document:
a.Multiple page documents must be connected or bound together.
b.In a multiple purpose document, a single attestation may be used.

 

4.The exact means of attestation varies among clerks, but usually includes:
a.The court seal.
b.A stamped or typed statement that the copy is a true and exact copy.
c.The date.
d.The clerk’s signature.

 

5.An attestation is usually placed near the judge’s signature for either all judicial acts or the most recent act.
a.The date of attestation is particularly important if only a single attestation is done on a document containing multiple judicial acts.

 

PRACTICE STANDARDS

1.The court will usually keep originals of documents (except for Surrenders and Release for Adoption).

 

2.The worker will follow-up with the court clerk for attestation of copies needed.
a.Petition, and Preliminary Protection Order, if any.
(1)Two for the Department
(2)One for each person to be served
b.Disposition
(1)Two for the Department
(2)One for each person to be notified
c.Review and/or Termination of Parental Rights
(1)Two for the Department
(2)One for each person to be served

 

3.Worker will ask clerk to:
a.Attest each document.
b.Include in the attestation:
(1)Court seal
(2)The true copy stamp or statement
(3)Date
(4)Court clerk’s signature

 

4.Local court procedure will be followed for distribution of copies for service.
a.Court clerk may see that deputy sheriff receives copies for service or may ask petitioner to see to this.
b.Service by publication or mail is handled by the petitioner (see Service of Petition, subsection J and Service of Preliminary Order, subsection K).

 

PROCEDURES

1.One copy of each document is routed to Central Office for logging and legal approval (see Routing of Legal Documents, subsection V).

 

2.        Other copy is retained in regional office file.