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Title 28 — Judiciary and Judicial Procedure

Part IV · Chapter 89 — District Courts; Removal of Cases from State Courts

§ 1449. State court record supplied

Statutory text

Where a party is entitled to copies of the rec­ords and proceedings in any suit or prosecution in a State court, to be used in any district court of the United States, and the clerk of such State court, upon demand, and the payment or tender of the legal fees, fails to deliver certified copies, the district court may, on affidavit reciting such facts, direct such record to be supplied by affidavit or otherwise. Thereupon such proceedings, trial, and judgment may be had in such district court, and all such process awarded, as if certified copies had been filed in the district court.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Title 28, United States Code, section —

    Pub. L. 80–646 · 62 Stat. 869

    Enacted · 28 U.S.C. § 1449

    June 25, 1948, ch. 646, 62 Stat. 940

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 940

0 of 1 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes
1948 Act

Based on title 28, U.S.C., 1940 ed., § 78 (Mar. 3, 1911, ch. 231, § 35, 36 Stat. 1098).

Changes were made in phraseology.

1949 Act

This section corrects a typographical error by eliminating from section 1449 of title 28, U.S.C., the words “any attachment or sequestration of the”, which had been inadvertently included, and inserting in lieu thereof the words, “and the clerk of such State court, upon”.

Editorial Notes

Amendments

1949—Act , substituted “and the clerk of such State court, upon” for “any attachment or sequestration of the”.

Credits

1948–1949 · 2 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 940
  2. 1949May 24, 1949, ch. 139, § 85, 63 Stat. 102.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 940; May 24, 1949, ch. 139, § 85, 63 Stat. 102.)

Parsed from the official OLRC USLM XML in data/usc_all/usc28.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t28/s1449