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Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§1734 Court Record Lost or Destroyed, Generally

Title 28 › Part V— PROCEDURE › Chapter 115— EVIDENCE; DOCUMENTARY › § 1734

Last updated Apr 5, 2026|Official source

Summary

If a record from a United States court is lost or destroyed, it can be replaced. If another court has an authentic copy, that court’s clerk may certify a substitute. If no certified copy exists, an interested person who is not at fault may file a sworn request. Other interested people must be personally notified at least 60 days before a hearing; foreign service must be proved by a U.S. minister or consul under seal. If the court finds the request true, it will order a replacement that has the same legal effect, subject to intervening third‑party rights.

Full Legal Text

Title 28, §1734

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)A lost or destroyed record of any proceeding in any court of the United States may be supplied on application of any interested party not at fault, by substituting a copy certified by the clerk of any court in which an authentic copy is lodged.
(b)Where a certified copy is not available, any interested person not at fault may file in such court a verified application for an order establishing the lost or destroyed record.Every other interested person shall be served personally with a copy of the application and with notice of hearing on a day stated, not less than sixty days after service. Service may be made on any nonresident of the district anywhere within the jurisdiction of the United States or in any foreign country. Proof of service in a foreign country shall be certified by a minister or consul of the United States in such country, under his official seal. If, after the hearing, the court is satisfied that the statements contained in the application are true, it shall enter an order reciting the substance and effect of the lost or destroyed record. Such order, subject to intervening rights of third persons, shall have the same effect as the original record.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 681, 682, 683, and 684 (R.S. §§ 899, 900, 901, 902; Jan. 31, 1879, ch. 39, § 1, 20 Stat. 277). section 681, 682, and 684 of title 28, U.S.C., 1940 ed., contained repetitious language which was eliminated by the consolidation. Section 683 of title 28, U.S.C., 1940 ed., applied only to cases removed to the Supreme Court, and was revised so as to be applicable to cases transmitted to other courts not in existence in 1871 when the section was originally enacted. Changes were made in phraseology.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1734

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60