28 U.S.C. § 1739 — State 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
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.
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.)
- 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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