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: |
b. | A stamped or typed statement that the copy is a true and exact copy. |
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 |
(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: |
b. | Include in the attestation: |
(2) | The true copy stamp or statement |
(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.