§ 457. — Records; obsolete papers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC457]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 21--GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
Sec. 457. Records; obsolete papers
The records of district courts and of courts of appeals shall be
kept at one or more of the places where court is held. Such places shall
be designated by the respective courts except when otherwise directed by
the judicial council of the circuit.
Papers of any court established by Act of Congress which have become
obsolete and are no longer necessary or useful, may be disposed of with
the approval of the court concerned in the manner provided by sections
366-380 of Title 44 and in accordance with the rules of the Judicial
Conference of the United States.
(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 95-598, title II,
Sec. 216, Nov. 6, 1978, 92 Stat. 2661.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 10, 523a, 523b, (Mar. 3,
1911, ch. 231, Sec. 6, 36 Stat. 1088; June 3, 1930, ch. 396, Secs. 1, 2,
46 Stat. 496).
Section consolidates and simplifies sections 10, 523a and 523b of
title 28, U.S.C., 1940 ed., relating to filing district court records
and destroying obsolete papers and bankruptcy proofs of claims.
The revised section enlarges scope of section 10 of title 28,
U.S.C., 1940 ed., to include places of keeping records of courts of
appeals which was not covered by existing law.
The provisions in section 10 of title 28, U.S.C., 1940 ed., that
where court is held ``at more than one place'' and the place of keeping
the records ``is not specially provided by law, they shall be kept at
either of the places'' designated by the court, was changed to permit
the judicial councils of the circuits to make the determination without
requiring special enactment of Congress. See section 332 of this title
as to purpose and duties of the judicial councils.
The provision of section 523a of title 28, U.S.C., 1940 ed.,
authorizing destruction of records by the Attorney General was rewritten
in the second paragraph to give such authority, respecting court
records, to the Director of the Administrative Office of the United
States Courts. Such Director, under section 604 of this title, now
exercises administrative authority over clerks and commissioners.
A similar provision with respect to records of United States
attorneys and marshals was omitted as superseded by sections 366 and 380
of title 44, U.S.C., 1940 ed., Public Printing and Documents, which
prescribe the exclusive method for disposition of such papers.
Substantial changes were made in phraseology and arrangement.
References in Text
Sections 366-380 of Title 44, referred to in text, were repealed and
the provisions thereof reenacted as chapter 33 (Sec. 3301 et seq.) of
Title 44, Public Printing and Documents, by Pub. L. 90-620, Oct. 22,
1968, 82 Stat. 1238.
Amendments
1978--Pub. L. 95-598 directed the amendment of section by inserting
``of bankruptcy courts,'' after ``The record'', which amendment did not
become effective pursuant to section 402(b) of Pub. L. 95-598, as
amended, set out as an Effective Date note preceding section 101 of
Title 11, Bankruptcy.
Section Referred to in Other Sections
This section is referred to in section 460 of this title.
