§ 1449. — State court record supplied.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1449]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 89--DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
Sec. 1449. State court record supplied
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, Sec. 85,
63 Stat. 102.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Sec. 78 (Mar. 3, 1911, ch. 231,
Sec. 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''.
Amendments
1949--Act May 24, 1949, substituted ``and the clerk of such State
court, upon'' for ``any attachment or sequestration of the''.
