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