[WSBAPT] Statute/Rule source for exemplified copies

Thu Jul 7 15:48:35 PDT 2022

  Law Office of
F.ANDREKITA SILVA
_______________________________________________________  

July 7, 2022       

Eric,

In my experience, a plain copy is just that.  A plain copy with  
nothing on it from anyone saying that the copy is a true and accurate  
copy of the original.

A certified copy bears a stamp by the Clerk of the Court, signed by  
the Clerk of the Court, saying that they reviewed the copy they are  
giving you, that it is a true and accurate copy of what is in the  
court file. 

I’m sure I’ve never been asked an “exemplified” copy of anything. 

However, I have had to secure an “Apostilled” copy of an /ALREADY  
CERTIFIED COPY OF A/ court order. The “apostilled” copies are required  
by foreign courts. It swears to the authenticity of the judge’s  
signature and swears to his position (as judge) and appropriateness to  
act.

In my case, the Clerk of the U.S. court executed a certificate ( or  
separate half sheet of paper.) The certificate swearing to the above  
(signature authenticity & appropriateness to act.)  

When I secured an apostilled order, the clerk took a little box out  
from her drawer.  It had a card for every judge in the court house.  
The card was dated, identified the judge, address of court, etc. and  
bore the judge’s original signature. This signature card must have an  
expiration date because in our case, the judge’s card had just  
expired.  We had to wait while the clerk’s office tracked down the  
judge and renewed his card. The clerk compared the handwriting on his  
card to the handwriting on the order that required being  
“apostilled.”  The certificate of apostille was then stapled to the  
already certified copy of court order. 

I suspect an exemplified copy is roughly equivalent to an apostilled  
document and perhaps been used in similar circumstances.  

 andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting Eric Nelsen <eric at sayrelawoffices.com>:

> From page 22 of  this King County Court PDF thingie[1]:
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>    WHAT IS THE DIFFERENCE BETWEEN EXEMPLIFIED, CERTIFIED AND PLAIN COPIES?
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>    Exemplified copies – Clerk statement, Presiding Judge statement  
> and raised seals attesting to the authenticity in accordance with  
> Certificate of Exemplification U.S. Code (1776) Title 28; Section  
> 738 RCW 2.32.050 & RCW 5.44.010).
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>    Certified copies – Documents from the official court record  
> stamped with a statement of authenticity and the King County  
> Superior Court seal, signed and dated by a deputy clerk or clerk of  
> King County Superior Court.
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>    Plain copies – a standard copy of the document without any clerk  
> seals, signatures or statements to its authenticity
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>     Sincerely,
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>     Eric
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>     Eric C. Nelsen
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>     Sayre Law Offices, PLLC
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>     1417 31st Ave South
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>     Seattle WA 98144-3909
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>     206-625-0092
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>     eric at sayrelawoffices.com
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>     COVID-19 UPDATE - All attorneys are working remotely during  
> regular business hours and are available via email and by phone.  
> Videoconferencing also is available. Signing of estate planning  
> documents can be completed and will be handled on a case-by-case  
> basis. Please direct mail and deliveries to the Seattle office.
>
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>      FROM: wsbapt-bounces at lists.wsbarppt.com  
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF Marcus J. Fry
> SENT: Thursday, July 7, 2022 1:01 PM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: [WSBAPT] Statute/Rule source for exemplified copies
>
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>    Does anyone have a statute or rule that you can direct me to that  
> shows the requirements in Washington for an exemplified copy?  I  
> tried performing a search and had no luck.  Out of state court clerk  
> is requiring source of validity of process because apparently out of  
> state court uses 3 seals and our Washington court clerks use only 2.
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>    -Marcus
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> MARCUS J. FRY
> Attorney | Witherspoon • Kelley
> mjf at witherspoonkelley.com |  Attorney Profile[2] | vCard[3]
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>        222 N. 3rd Street
> Yakima, WA 98901
> (509) 248-7220 (office)
> (509) 575-1883 (fax)
> witherspoonkelley.com
>
>         
>
>
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>     

Links:
------
[1]  
https://kingcounty.gov/~/media/courts/Clerk/ecr-library/how-does-ecr-work/communication/public/ecrappdja.ashx?la=en
[2] https://www.witherspoonkelley.com/marcus-j-fry
[3] https://www.witherspoonkelley.com/s/mfj.vcf
  andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
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