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.
If a party is entitled to State*-court records for use in a United States district court*, and the State clerk fails, after demand and payment or tender of legal fees, to provide certified copies, the district* court may rely on an affidavit describing those facts and order the record supplied by affidavit or another method. The district court may then conduct the proceedings, trial, and judgment and issue process as if certified copies had been filed.
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.
all 0 arguments · sorted by: best
no arguments yet — make the first case