§ 1733. — Government records and papers; 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: 28USC1733]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 115--EVIDENCE; DOCUMENTARY
Sec. 1733. Government records and papers; copies
(a) Books or records of account or minutes of proceedings of any
department or agency of the United States shall be admissible to prove
the act, transaction or occurrence as a memorandum of which the same
were made or kept.
(b) Properly authenticated copies or transcripts of any books,
records, papers or documents of any department or agency of the United
States shall be admitted in evidence equally with the originals thereof.
(c) This section does not apply to cases, actions, and proceedings
to which the Federal Rules of Evidence apply.
(June 25, 1948, ch. 646, 62 Stat. 946; Pub. L. 93-595, Sec. 2(c), Jan.
2, 1975, 88 Stat. 1949.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 661-667, 671 (R.S.
Secs. 882-886, 889; July 31, 1894, ch. 174, Secs. 17, 22, 28 Stat. 210;
Mar. 2, 1895, ch. 177, Sec. 10, 28 Stat. 809; June 10, 1921, ch. 18,
Secs. 301, 302, 304, 310, 42 Stat. 23-25; May 10, 1934, ch. 277,
Sec. 512, 48 Stat. 758; June 19, 1934, ch. 653, Sec. 6(a), 48 Stat.
1109).
The consolidation of sections 661-667 and 671 of title 28, U.S.C.,
1940 ed., permitted omission of obsolete, unnecessary and repetitive
provisions in such sections. For example, the provision in section 665
of title 28, U.S.C., 1940 ed., authorizing the court to require
production of documents on a plea of non est factum, was omitted. Such
plea is obsolete in Federal practice.
Numerous provisions with respect to authentication were omitted as
covered by Rule 44 of the Federal Rules of Civil Procedure.
Likewise the provision that official seals shall be judicially
noticed was omitted as unnecessary. Seals of Federal agencies are
judicially noticed by States and Federal courts without statutory
mandate. Gardner v. Barney, 1867, 6 Wall. 499, 73 U.S.C. 499, 18 L.Ed.
890, 31 C.J.S. 599 n. 27-30 and 23 C.J.S. 99 n. 41. The same principle
unquestionably will apply to seals of Government corporations.
Words ``of any corporation all the stock of which is beneficially
owned by the United States, either directly or indirectly'', in section
661 of title 28, U.S.C., 1940 ed., were omitted as covered by ``or
agency''. The revised section was broadened to apply to ``any department
or agency''. (See reviser's note under section 1345 of this title.)
Changes were made in phraseology.
References in Text
The Federal Rules of Evidence, referred to in subsec. (c), are set
out in the Appendix to this title.
Amendments
1975--Subsec. (c). Pub. L. 93-595 added subsec. (c).
Section Referred to in Other Sections
This section is referred to in title 31 section 704.
