§ 1732. — Record made in regular course of business; photographic copies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1732]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 115--EVIDENCE; DOCUMENTARY
Sec. 1732. Record made in regular course of business;
photographic copies
If any business, institution, member of a profession or calling, or
any department or agency of government, in the regular course of
business or activity has kept or recorded any memorandum, writing,
entry, print, representation or combination thereof, of any act,
transaction, occurrence, or event, and in the regular course of business
has caused any or all of the same to be recorded, copied, or reproduced
by any photographic, photostatic, microfilm, micro-card, miniature
photographic, or other process which accurately reproduces or forms a
durable medium for so reproducing the original, the original may be
destroyed in the regular course of business unless its preservation is
required by law. Such reproduction, when satisfactorily identified, is
as admissible in evidence as the original itself in any judicial or
administrative proceeding whether the original is in existence or not
and an enlargement or facsimile of such reproduction is likewise
admissible in evidence if the original reproduction is in existence and
available for inspection under direction of court. The introduction of a
reproduced record, enlargement, or facsimile does not preclude admission
of the original. This subsection \1\ shall not be construed to exclude
from evidence any document or copy thereof which is otherwise admissible
under the rules of evidence.
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\1\ So in original. Probably should be ``section''.
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(June 25, 1948, ch. 646, 62 Stat. 945; Aug. 28, 1951, ch. 351, Secs. 1,
3, 65 Stat. 205, 206; Pub. L. 87-183, Aug. 30, 1961, 75 Stat. 413; Pub.
L. 93-595, Sec. 2(b), Jan. 2, 1975, 88 Stat. 1949.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 695 (June 20, 1936, ch.
640, Sec. 1, 49 Stat. 1561).
Changes in phraseology were made.
Amendments
1975--Pub. L. 93-595 struck out subsec. (a) which had made
admissible as evidence writings or records made as a memorandum or
record of any act, transaction, occurrence, or event if made in the
regular course of business, and struck out designation ``(b)'' preceding
remainder of section. See Federal Rules of Evidence set out in Appendix
to this title.
1961--Subsec. (b). Pub. L. 87-183 struck out ``unless held in a
custodial or fiduciary capacity or'' after ``may be destroyed in the
regular course of business''.
1951--Act Aug. 29, 1951, Sec. 3, inserted reference to photographic
copies in section catchline.
Subsecs. (a), (b). Act Aug. 28, 1951, Sec. 1, designated existing
provisions as subsec. (a) and added subsec. (b).
Section Referred to in Other Sections
This section is referred to in title 26 section 5555.
