1999 US Code
Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART V - PROCEDURE
CHAPTER 115 - EVIDENCE; DOCUMENTARY
Sec. 1734 - Court record lost or destroyed, generally
View Metadata| Publication Title | United States Code, 1994 Edition, Supplement 5, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 115 - EVIDENCE; DOCUMENTARY Sec. 1734 - Court record lost or destroyed, generally |
| Contains | section 1734 |
| Date | 1999 |
| Laws in Effect as of Date | January 23, 2000 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | June 25, 1948, ch. 646, 62 Stat. 946. |
| Statutes at Large References | 20 Stat. 277 62 Stat. 946 |
§1734. Court record lost or destroyed, generally
(a) A lost or destroyed record of any proceeding in any court of the United States may be supplied on application of any interested party not at fault, by substituting a copy certified by the clerk of any court in which an authentic copy is lodged.
(b) Where a certified copy is not available, any interested person not at fault may file in such court a verified application for an order establishing the lost or destroyed record.
Every other interested person shall be served personally with a copy of the application and with notice of hearing on a day stated, not less than sixty days after service. Service may be made on any nonresident of the district anywhere within the jurisdiction of the United States or in any foreign country.
Proof of service in a foreign country shall be certified by a minister or consul of the United States in such country, under his official seal.
If, after the hearing, the court is satisfied that the statements contained in the application are true, it shall enter an order reciting the substance and effect of the lost or destroyed record. Such order, subject to intervening rights of third persons, shall have the same effect as the original record.
(June 25, 1948, ch. 646, 62 Stat. 946.)
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§681, 682, 683, and 684 (R.S. §§899, 900, 901, 902; Jan. 31, 1879, ch. 39, §1, 20 Stat. 277).
Sections 681, 682, and 684 of title 28, U.S.C., 1940 ed., contained repetitious language which was eliminated by the consolidation.
Section 683 of title 28, U.S.C., 1940 ed., applied only to cases removed to the Supreme Court, and was revised so as to be applicable to cases transmitted to other courts not in existence in 1871 when the section was originally enacted.
Changes were made in phraseology.
Federal Rules of Civil ProcedureEffect of rule 44 on former section 681 of this title, see note by Advisory Committee under rule 44, Appendix to this title.
Proof of official records, see rule 44.
Federal Rules of Criminal ProcedureProof of official records, see rule 27, and note of the Advisory Committee under rule 27, Title 18, Appendix, Crimes and Criminal Procedure.
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