§ 1734. — Court record lost or destroyed generally.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC1734]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 115--EVIDENCE; DOCUMENTARY
Sec. 1734. Court record lost or destroyed, generally
(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) Where a certified copy is not available, any interested person
not at fault may file in such court a verified application for an order
establishing the lost or destroyed record.
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., Secs. 681, 682, 683, and 684
(R.S. Secs. 899, 900, 901, 902; Jan. 31, 1879, ch. 39, Sec. 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section was originally enacted.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.
