28 U.S.C. § 1449 — State court record supplied
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 103 words · no verdicts yet
This section lets a Federal district court reconstruct a State-court record when the State clerk fails to provide certified copies after demand and payment.
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.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 940; May 24, 1949, ch. 139, § 85, 63 Stat. 102.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 940
- 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 102
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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