Title 28 — Judiciary and Judicial Procedure
Part V · Chapter 115 — Evidence; Documentary
§ 1732. Record made in regular course of business; photographic copies
Statutory text
If any business, institution, member of a profession or calling, 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 its preservation is required by law. 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 1 shall not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence.
Footnotes
- 1 So in original. Probably should be “section”.
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. § 1732
June 25, 1948, ch. 646, 62 Stat. 945
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 945Public Law not identified
Amended · 28 U.S.C. § 1732(a); 28 U.S.C. § 1732(b)
Subsecs. (a), (b). Act Aug. 28, 1951, § 1, designated existing provisions as subsec. (a)
Added · 28 U.S.C. § 1732(a); 28 U.S.C. § 1732(b)
Subsecs. (a), (b). Act Aug. 28, 1951, § 1, added subsec. (b)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsecs. (a), (b). Act Aug. 28, 1951, § 1, designated existing provisions as subsec. (a) and added subsec. (b).Pub. L. 87–183 · 75 Stat. 413
Struck · 28 U.S.C. § 1732(b)
Pub. L. 87–183 struck out “unless held in a custodial or fiduciary capacity or” after “may be destroyed in the regular course of business”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 87–183 struck out “unless held in a custodial or fiduciary capacity or” after “may be destroyed in the regular course of business”.Pub. L. 93–595 § 2(b) · 88 Stat. 1926
Struck · 28 U.S.C. § 1732
Pub. L. 93–595 struck out subsec. (a) which had made admissible as evidence writings or records made as a memorandum or record of any act, transaction, occurrence, or event if made in the regular course of business
Struck · 28 U.S.C. § 1732
Pub. L. 93–595 struck out designation “(b)” preceding remainder of section. See Federal Rules of Evidence set out in Appendix to this title
Source evidence
Code amendment note
Pub. L. 93–595 struck out subsec. (a) which had made admissible as evidence writings or records made as a memorandum or record of any act, transaction, occurrence, or event if made in the regular course of business, and struck out designation “(b)” preceding remainder of section. See Federal Rules of Evidence set out in Appendix to this title.Enacted provision · exact public law section
(b) Section 1732 of title 28 of the United States Code is amended by striking out subsection (a), and by striking out “(b)”.
2 of 6 references resolved to an enrolled provision · 2 partial · 2 unresolved
Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 695 (June 20, 1936, ch. 640, § 1, 49 Stat. 1561).
Changes in phraseology were made.
Editorial Notes
Amendments1951–1975 · 3 rounds
1975
Pub. L. 93–595 struck out subsec. (a) which had made admissible as evidence writings or records made as a memorandum or record of any act, transaction, occurrence, or event if made in the regular course of business, and struck out designation “(b)” preceding remainder of section. See Federal Rules of Evidence set out in Appendix to this title.
1961
Subsec. (b). Pub. L. 87–183 struck out “unless held in a custodial or fiduciary capacity or” after “may be destroyed in the regular course of business”.
1951
Act , § 3, inserted reference to photographic copies in section catchline.
Subsecs. (a), (b). Act , § 1, designated existing provisions as subsec. (a) and added subsec. (b).
Credits
1948–1975 · 4 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 945
- 1951Aug. 28, 1951, ch. 351, §§ 1, 3, 65 Stat. 205, 206
- 1961Pub. L. 87–183, , 75 Stat. 413
- 1975Pub. L. 93–595, § 2(b), , 88 Stat. 1949.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 945; Aug. 28, 1951, ch. 351, §§ 1, 3, 65 Stat. 205, 206; Pub. L. 87–183, , 75 Stat. 413; Pub. L. 93–595, § 2(b), , 88 Stat. 1949.)