28 U.S.C. § 1738 — State and Territorial statutes and judicial proceedings; full faith and credit

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 153 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section states how state, territorial, and possession legislative acts, court records, and judicial proceedings must be authenticated. Once authenticated, they receive the same legal credit in other United States courts as they receive where they came from.

A legislative act of a State, Territory, or Possession of the United States, or a copy, must be authenticated by attaching that jurisdiction’s seal. A court record or judicial proceeding from such a jurisdiction, or a copy, must be proved or admitted in another court in the United States or its Territories and Possessions by the clerk’s attestation and the court’s seal, if it has one, plus a judge’s certificate that the attestation is properly made. Authenticated acts, records, and proceedings must receive in every such court the same full faith and credit they receive by law or practice in the courts of the jurisdiction where they originated.

the actual law source: uscode.house.gov ↗public domain

The Acts of the legislature of any State, Territory, or Possession of the United States, or copies thereof, shall be authenticated by affixing the seal of such State, Territory or Possession thereto.

The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United States and its Territories and Possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form.

Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 947.)

history & why it existsrecord from the source credit

1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 947

A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.

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