§ 1734. Court record lost or destroyed, generally

285 words·~1 min read·/usc/title-28/section-1734

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(a)A lost or destroyed record of any proceeding in any court of the United States may be supplied on application of any interested party not at fault, by substituting a copy certified by the clerk of any court in which an authentic copy is lodged.

(b)Every other interested person shall be served personally with a copy of the application and with notice of hearing on a day stated, not less than sixty days after service. Service may be made on any nonresident of the district anywhere within the jurisdiction of the United States or in any foreign country.

Proof of service in a foreign country shall be certified by a minister or consul of the United States in such country, under his official seal.

If, after the hearing, the court is satisfied that the statements contained in the application are true, it shall enter an order reciting the substance and effect of the lost or destroyed record. Such order, subject to intervening rights of third persons, shall have the same effect as the original record.

(June 25, 1948, ch. 646, 62 Stat. 946.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 681, 682, 683, and 684 (R.S. §§ 899, 900, 901, 902; Jan. 31, 1879, ch. 39, § 1, 20 Stat. 277).

Sections 681, 682, and 684 of title 28, U.S.C., 1940 ed., contained repetitious language which was eliminated by the consolidation.

Section 683 of title 28, U.S.C., 1940 ed., applied only to cases removed to the Supreme Court, and was revised so as to be applicable to cases transmitted to other courts not in existence in 1871 when the section was originally enacted.

Changes were made in phraseology.

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U.S. Code

§ 1735
Court record lost or destroyed where United States interested

5 references not yet in our index

June 25, 1948, ch. 646
62 Stat. 946
Jan. 31, 1879, ch. 39, § 1
20 Stat. 277
Section 683 of title 28

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§ 1734

Court record lost or destroyed, generally

U.S.C.×1

ActJune 25, 1948, ch. 646

Stat.62 Stat. 946

ActJan. 31, 1879, ch. 39, § 1

Stat.20 Stat. 277

CiteSection 683 of title 28

Cites 5Cited by 1 across 1 source