PRIA, Government Policy, Made Personal

Summary

When a business, professional, or government office normally keeps records and makes accurate, long-lasting copies by photo, microfilm, or a similar process, it may destroy the original record in the regular course of business unless a law says it must keep the original. A properly identified copy can be used in court or in a government hearing just like the original, even if the original no longer exists. An enlarged or facsimile version is allowed if the copy still exists and can be inspected under the court’s direction. Letting in a copy does not stop the original from also being used, and other evidence rules still apply.

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 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