FEDERAL · 28 U.S.C. · Chapter 89
State court record supplied
Current through Pub. L. 119-102
Title 28 — Judiciary and Judicial Procedure·Ch. 89 — DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
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.
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28 U.S.C. § 1449 (State court record supplied) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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Source Credit
History
(June 25, 1948, ch. 646, 62 Stat. 940; May 24, 1949, ch. 139, §85, 63 Stat. 102.)
Editorial Notes
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §78 (Mar. 3, 1911, ch. 231, §35, 36 Stat. 1098).
Changes were made in phraseology.
1949 Act
This 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".
1948 Act
Based on title 28, U.S.C., 1940 ed., §78 (Mar. 3, 1911, ch. 231, §35, 36 Stat. 1098).
Changes were made in phraseology.
1949 Act
This 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".