Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§1449 State court record supplied
Title 28 › Part PART IV— - JURISDICTION AND VENUE › Chapter CHAPTER 89— - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS › § 1449
Summary
When someone needs state court records for a federal case and the state clerk refuses to give certified copies after being asked and paid, the federal court can accept an affidavit instead and treat the case as if the certified copies were filed.
Full Legal Text
Title 28, §1449
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
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
Notes & Related Subsidiaries
Historical and Revision Notes
1948 ActBased on title 28, U.S.C., 1940 ed., § 78 (Mar. 3, 1911, ch. 231, § 35, 36 Stat. 1098). Changes were made in phraseology. 1949 ActThis 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 May 24, 1949, substituted “and the clerk of such State court, upon” for “any attachment or sequestration of the”.
Reference
Citations & Metadata
Citation
28 U.S.C. § 1449
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73