PRIA, Government Policy, Made Personal

Summary

If someone needs certified state-court records for use in federal court, asked for and paid for them, but the state court clerk refused, they can file a sworn statement saying so. The federal court can accept that and go ahead with trial, judgment, and other court actions as if the certified copies had been filed.

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.

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”.

§1449 State Court Record Supplied