2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part IV - JURISDICTION AND VENUE (§§ 1251 - 1631)
Chapter 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS (§§ 1441 - 1455)
Section 1449 - State court record supplied
|Publication Title||United States Code, 2012 Edition, 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 IV - JURISDICTION AND VENUE
CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
Sec. 1449 - State court record supplied
|Laws in Effect as of Date||January 15, 2013|
|Source Credit||June 25, 1948, ch. 646, 62 Stat. 940; May 24, 1949, ch. 139, §85, 63 Stat. 102.|
|Statutes at Large References||36 Stat. 1098 |
62 Stat. 940
63 Stat. 102
Where a party is entitled to copies of the records and proceedings in any suit or prosecution in a State court, to be used in any district court of the United States, and the clerk of such State court, upon demand, and the payment or tender of the legal fees, fails to deliver certified copies, the district court may, on affidavit reciting such facts, direct such record to be supplied by affidavit or otherwise. Thereupon such proceedings, trial, and judgment may be had in such district court, and all such process awarded, as if certified copies had been filed in the district court.
(June 25, 1948, ch. 646, 62 Stat. 940; May 24, 1949, ch. 139, §85, 63 Stat. 102.)Historical and Revision Notes 1948 Act
Based on title 28, U.S.C., 1940 ed., §78 (Mar. 3, 1911, ch. 231, §35, 36 Stat. 1098).
Changes were made in phraseology.1949 Act
This section corrects a typographical error by eliminating from section 1449 of title 28, U.S.C., the words “any attachment or sequestration of the”, which had been inadvertently included, and inserting in lieu thereof the words, “and the clerk of such State court, upon”.Amendments
1949—Act May 24, 1949, substituted “and the clerk of such State court, upon” for “any attachment or sequestration of the”.
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