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28 U.S.C. § 1739State and Territorial nonjudicial records; full faith and credit

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 250 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section explains how nonjudicial public records from one State, Territory, or Possession are authenticated for use elsewhere. Properly authenticated records receive the same legal credit in other courts and offices as in their place of origin.

A nonjudicial record or book kept in a public office of a State, Territory, or Possession, or a copy, must be proved or admitted in another such jurisdiction by the custodian’s attestation and the office seal, if any, plus a certificate that the attestation is in proper form and made by the proper officers. The certificate may be from a record-court judge, governor, secretary of state, chancellor, or keeper of the great seal. A judge’s certificate must also be authenticated by the court clerk or prothonotary, who certifies under signature and seal that the judge is commissioned and qualified. A certificate from the other officials must be under that jurisdiction’s great seal. Properly authenticated records and books receive in every United States court and office the same full faith and credit they receive by law or practice where they came from.
the actual law source: uscode.house.gov ↗public domain

All nonjudicial records or books kept in any public office of any State, Territory, or Possession of the United States, or copies thereof, shall be proved or admitted in any court or office in any other State, Territory, or Possession by the attestation of the custodian of such records or books, and the seal of his office annexed, if there be a seal, together with a certificate of a judge of a court of record of the county, parish, or district in which such office may be kept, or of the Governor, or secretary of state, the chancellor or keeper of the great seal, of the State, Territory, or Possession that the said attestation is in due form and by the proper officers.

If the certificate is given by a judge, it shall be further authenticated by the clerk or prothonotary of the court, who shall certify, under his hand and the seal of his office, that such judge is duly commissioned and qualified; or, if given by such Governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or Possession in which it is made.

Such records or books, or copies thereof, so authenticated, shall have the same full faith and credit in every court and office within the United States and its Territories and Possessions as they have by law or usage in the courts or offices of the 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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