§1732 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Allows a business, professional, or government office to destroy an original record if, in the normal course of its work, it makes an accurate, lasting copy (like a photo, microfilm, or other reliable reproduction) and no law says the original must be kept. A reproduced record can be used in court or in hearings just like the original if someone can show it is accurate and came from the business. An enlarged copy or facsimile is also allowed if the reproduced copy still exists and can be checked. Letting a copy in as evidence does not stop the original from being used, and this rule does not block other documents or copies that evidence rules allow.

Title 28, §1732

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

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 11 So in original. Probably should be “section”. shall not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence.

Notes & Related Subsidiaries

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

Amendments

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 Aug. 29, 1951, § 3, inserted reference to photographic copies in section catchline. Subsecs. (a), (b). Act Aug. 28, 1951, § 1, designated existing provisions as subsec. (a) and added subsec. (b).

§1732 Record made in regular course of business; photographic copies