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Volume 65 · 206

Public Law 82–129

To amend section 1732 of title 28, United States Cod e, entitled “Judiciary and judicial procedure” by adding a new subsection thereto “To permit the photographic reproduction of business records and the introduction of the same in evidence”.

Approved August 28, 1951

Statutory text

AN ACT

To amend section 1732 of title 28, United States Cod e, entitled “Judiciary and judicial procedure” by adding a new subsection thereto “To permit the photographic reproduction of business records and the introduction of the same in evidence”.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 1732 of title 28 of the United States Code entitled “Judiciary and judicial

62 Stat. 945.

procedure” is amended by inserting “(a)” immediately preceding the first paragraph thereof, and by adding a new subsection to read as follows:

“(b)

If any business, institution, member of a profession or calling,

Photographic reproduction of records.

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 held in a custodial or fiduciary capacity or unless its preservation is required by law.

Admissibility in evidence.

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 shall not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence.”

Sec. 2.

The analysis of section 1732 of chapter 115 of title 28, United States Code, immediately preceding section 1731 of such title, is amended so as to read:

“1732. Record made in regular course of business; photographic copies.”

Sec. 3.

The catchline of section 1732, chapter 115 of title 28, United States Code, is amended so as to read:

“1732. Record made in regular course of business; photographic copies.”

Approved August 28, 1951.

Parsed from the official Statutes at Large USLM XML in 65.xml