§ 1449. State court record supplied

219 words·~1 min read·/usc/title-28/section-1449

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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.

(June 25, 1948, ch. 646, 62 Stat. 940; May 24, 1949, ch. 139, § 85, 63 Stat. 102.)

Historical and Revision Notes

1948 Act

Based on title 28, U.S.C., 1940 ed., § 78 (Mar. 3, 1911, ch. 231, § 35, 36 Stat. 1098).

Changes were made in phraseology.

1949 Act

This section corrects a typographical error by eliminating from section 1449 of title 28, U.S.C., the words “any attachment or sequestration of the”, which had been inadvertently included, and inserting in lieu thereof the words, “and the clerk of such State court, upon”.

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U.S. Code

§ 1449
State court record supplied

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U.S. Code

State court record supplied
§ 1449

6 references not yet in our index

June 25, 1948, ch. 646
62 Stat. 940
May 24, 1949, ch. 139, § 85
63 Stat. 102
Mar. 3, 1911, ch. 231, § 35
36 Stat. 1098

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cites case law

§ 1449

State court record supplied

U.S.C.×1

U.S.C.§ 1449

ActJune 25, 1948, ch. 646

Stat.62 Stat. 940

ActMay 24, 1949, ch. 139, § 85

Stat.63 Stat. 102

ActMar. 3, 1911, ch. 231, § 35

Cites 7 · showing 6Cited by 1 across 1 source