US (United States) Code. Title 28. Part V: Procedure. Chapter 115: Evidence; documentary

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 115 - EVIDENCE; DOCUMENTARY 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-MISC1-

Sec.

1731. Handwriting.

1732. Record made in regular course of business;

photographic copies.

1733. Government records and papers; copies.

1734. Court record lost or destroyed generally.(!1)

1735. Court record lost or destroyed where United States

interested.

1736. Congressional Journals.

1737. Copy of officer's bond.

1738. State and Territorial statutes and judicial

proceedings; full faith and credit.

1738A. Full faith and credit given to child custody

determinations.

1738B. Full faith and credit for child support orders.

1738C. Certain acts, records, and proceedings and the effect

thereof.

1739. State and Territorial nonjudicial records; full faith

and credit.

1740. Copies of consular papers.

1741. Foreign official documents.

[1742. Repealed.]

1743. Demand on postmaster.

1744. Copies of United States Patent and Trademark Office

documents generally.(!1)

1745. Copies of foreign patent documents.

1746. Unsworn declarations under penalty of perjury.

AMENDMENTS

1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4732(b)(15)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-584, which

directed the amendment of item 1744 by substituting "United States

Patent and Trademark Office" for "Patent Office", was executed by

making the substitution for "patent office" to reflect the probable

intent of Congress.

1996 - Pub. L. 104-199, Sec. 2(b), Sept. 21, 1996, 110 Stat.

2419, added item 1738C.

1994 - Pub. L. 103-383, Sec. 3(b), Oct. 20, 1994, 108 Stat. 4066,

added item 1738B.

1980 - Pub. L. 96-611, Sec. 8(b), Dec. 28, 1980, 94 Stat. 3571,

added item 1738A.

1976 - Pub. L. 94-550, Sec. 1(b), Oct. 18, 1976, 90 Stat. 2534,

added item 1746.

1964 - Pub. L. 88-619, Secs. 5(b), 6(b), 7(b), Oct. 3, 1964, 78

Stat. 996, substituted "official documents" for "documents

generally; copies" in item 1741, inserted "[Repealed]" in item

1742, and substituted "documents" for "specifications and drawings"

in item 1745.

1951 - Act Aug. 28, 1951, ch. 351, Sec. 2, 65 Stat. 206, inserted

"; photographic copies" in item 1732.

1949 - Act May 24, 1949, ch. 139, Sec. 92(a), 63 Stat. 103,

struck out item 1745 "Printed copies of patient specifications and

drawings" and renumbered item 1746 as 1745.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

28 USC Sec. 1731 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1731. Handwriting

-STATUTE-

The admitted or proved handwriting of any person shall be

admissible, for purposes of comparison, to determine genuineness of

other handwriting attributed to such person.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 945.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 638 (Feb. 26, 1913, ch.

79, 37 Stat. 683).

Words "as a basis for comparison by witnesses, or by the jury,

court, or officer conducting such proceeding", were omitted as

superfluous.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1732 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1732. Record made in regular course of business; photographic

copies

-STATUTE-

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 (!1) shall

not be construed to exclude from evidence any document or copy

thereof which is otherwise admissible under the rules of evidence.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 945; Aug. 28, 1951, ch. 351,

Secs. 1, 3, 65 Stat. 205, 206; Pub. L. 87-183, Aug. 30, 1961, 75

Stat. 413; Pub. L. 93-595, Sec. 2(b), Jan. 2, 1975, 88 Stat. 1949.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 695 (June 20, 1936, ch.

640, Sec. 1, 49 Stat. 1561).

Changes in phraseology were made.

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, Sec. 3, inserted reference to

photographic copies in section catchline.

Subsecs. (a), (b). Act Aug. 28, 1951, Sec. 1, designated existing

provisions as subsec. (a) and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 5555.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

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28 USC Sec. 1733 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1733. Government records and papers; copies

-STATUTE-

(a) Books or records of account or minutes of proceedings of any

department or agency of the United States shall be admissible to

prove the act, transaction or occurrence as a memorandum of which

the same were made or kept.

(b) Properly authenticated copies or transcripts of any books,

records, papers or documents of any department or agency of the

United States shall be admitted in evidence equally with the

originals thereof.

(c) This section does not apply to cases, actions, and

proceedings to which the Federal Rules of Evidence apply.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 946; Pub. L. 93-595, Sec. 2(c),

Jan. 2, 1975, 88 Stat. 1949.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 661-667, 671 (R.S.

Secs. 882-886, 889; July 31, 1894, ch. 174, Secs. 17, 22, 28 Stat.

210; Mar. 2, 1895, ch. 177, Sec. 10, 28 Stat. 809; June 10, 1921,

ch. 18, Secs. 301, 302, 304, 310, 42 Stat. 23-25; May 10, 1934, ch.

277, Sec. 512, 48 Stat. 758; June 19, 1934, ch. 653, Sec. 6(a), 48

Stat. 1109).

The consolidation of sections 661-667 and 671 of title 28,

U.S.C., 1940 ed., permitted omission of obsolete, unnecessary and

repetitive provisions in such sections. For example, the provision

in section 665 of title 28, U.S.C., 1940 ed., authorizing the court

to require production of documents on a plea of non est factum, was

omitted. Such plea is obsolete in Federal practice.

Numerous provisions with respect to authentication were omitted

as covered by Rule 44 of the Federal Rules of Civil Procedure.

Likewise the provision that official seals shall be judicially

noticed was omitted as unnecessary. Seals of Federal agencies are

judicially noticed by States and Federal courts without statutory

mandate. Gardner v. Barney, 1867, 6 Wall. 499, 73 U.S.C. 499, 18

L.Ed. 890, 31 C.J.S. 599 n. 27-30 and 23 C.J.S. 99 n. 41. The same

principle unquestionably will apply to seals of Government

corporations.

Words "of any corporation all the stock of which is beneficially

owned by the United States, either directly or indirectly", in

section 661 of title 28, U.S.C., 1940 ed., were omitted as covered

by "or agency". The revised section was broadened to apply to "any

department or agency". (See reviser's note under section 1345 of

this title.)

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subsec. (c), are

set out in the Appendix to this title.

-MISC2-

AMENDMENTS

1975 - Subsec. (c). Pub. L. 93-595 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 704.

-End-

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28 USC Sec. 1734 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1734. Court record lost or destroyed, generally

-STATUTE-

(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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 946.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 681, 682, 683, and 684

(R.S. Secs. 899, 900, 901, 902; Jan. 31, 1879, ch. 39, Sec. 1, 20

Stat. 277).

Sections 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.

-End-

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28 USC Sec. 1735 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1735. Court record lost or destroyed where United States

interested

-STATUTE-

(a) When the record of any case or matter in any court of the

United States to which the United States is a party, is lost or

destroyed, a certified copy of any official paper of a United

States attorney, United States marshal or clerk or other certifying

or recording officer of any such court, made pursuant to law, on

file in any department or agency of the United States and relating

to such case or matter, shall, on being filed in the court to which

it relates, have the same effect as an original paper filed in such

court. If the copy so filed discloses the date and amount of a

judgment or decree and the names of the parties thereto, the court

may enforce the judgment or decree as though the original record

had not been lost or destroyed.

(b) Whenever the United States is interested in any lost or

destroyed records or files of a court of the United States, the

clerk of such court and the United States attorney for the district

shall take the steps necessary to restore such records or files,

under the direction of the judges of such court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 946.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 685, 686 (R.S. Secs.

903, 904; Jan. 31, 1879, ch. 39, Secs. 2, 3, 20 Stat. 277).

A provision of section 686 of title 28, U.S.C., 1940 ed.,

relating to allowances to clerks and United States attorneys for

their services, and disbursements incidental to restoring lost

records under such section was deleted as obsolete, in view of

sections 508, 509, and 604 of this title, placing such officers on

a salary basis and providing for their expenses.

Words "And in all cases where any of the files, papers, or

records of any court of the United States have been or shall be

lost or destroyed, the files, records and papers which, pursuant to

law, may have been or may be restored or supplied in place of such

records, files, and papers, shall have the same force and effect,

to all intents and purposes, as the originals thereof would have

been entitled to," at the end of section 685 of title 28, U.S.C.,

1940 ed., were omitted as fully covered by the remainder of this

section and by section 1734 of this title.

Words "or agency of the United States" were substituted for "of

the Government" so as to eliminate any possible ambiguity as to the

scope of this section. See definitive section 451 of this title.

The phrase "so far as the judges of such courts respectively

shall deem it essential to the interests of the United States that

such records and files be restored or supplied," was omitted as

unnecessary.

Changes were made in phraseology.

-End-

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28 USC Sec. 1736 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1736. Congressional Journals

-STATUTE-

Extracts from the Journals of the Senate and the House of

Representatives, and from the Executive Journal of the Senate when

the injunction of secrecy is removed, certified by the Secretary of

the Senate or the Clerk of the House of Representatives shall be

received in evidence with the same effect as the originals would

have.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 947.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 676 (R.S. Sec. 895).

Changes in phraseology were made.

-End-

-CITE-

28 USC Sec. 1737 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1737. Copy of officer's bond

-STATUTE-

Any person to whose custody the bond of any officer of the United

States has been committed shall, on proper request and payment of

the fee allowed by any Act of Congress, furnish certified copies

thereof, which shall be prima facie evidence in any court of the

execution, filing and contents of the bond.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 947.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 326, 499, 513, and 514

(R.S. Secs. 783, 795; Feb. 22, 1875, ch. 95, Sec. 3, 18 Stat. 333;

Mar. 3, 1911, ch. 231, Secs. 220, 291, 36 Stat. 1152, 1167).

Sections 326, 499, 513, and 514 of title 28, U.S.C., 1940 ed.,

were consolidated. They related to the bonds of particular

officers, namely the Clerk of the Supreme Court, the United States

marshals, and the clerks of the district courts. The revised

section eliminates all inconsistent provisions of such sections.

The requirement that certified copies be furnished is new.

The other provisions of sections 326, 499, 513, and 514 of title

28, U.S.C., 1940 ed., are now incorporated in sections 544 and 952

of this title.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1738 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1738. State and Territorial statutes and judicial proceedings;

full faith and credit

-STATUTE-

The Acts of the legislature of any State, Territory, or

Possession of the United States, or copies thereof, shall be

authenticated by affixing the seal of such State, Territory or

Possession thereto.

The records and judicial proceedings of any court of any such

State, Territory or Possession, or copies thereof, shall be proved

or admitted in other courts within the United States and its

Territories and Possessions by the attestation of the clerk and

seal of the court annexed, if a seal exists, together with a

certificate of a judge of the court that the said attestation is in

proper form.

Such Acts, records and judicial proceedings or copies thereof, so

authenticated, shall have the same full faith and credit in every

court within the United States and its Territories and Possessions

as they have by law or usage in the courts of such State, Territory

or Possession from which they are taken.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 947.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 687 (R.S. Sec. 905).

Words "Possession of the United States" were substituted for "of

any country subject to the jurisdiction of the United States".

Words "or copies thereof" were added in three places. Copies have

always been used to prove statutes and judicial proceedings under

section 687 of title 28, U.S.C., 1940 ed. The added words will

cover expressly such use.

Words "and its Territories and Possessions" were added in two

places so as to make this section and section 1739 of this title

uniform, the basic section of the latter having provided that

nonjudicial records or books of any State, Territory, or "country

subject to the jurisdiction of the United States" should be

admitted in any court or office in any other State, Territory, or

"such country."

Words "a judge of the court" were substituted for "the judge,

chief justice or presiding magistrate" without change of substance.

At the beginning of the last paragraph, words "Such Acts" were

substituted for "And the said". This follows the language of

Article IV, section 1 of the Constitution.

For additional provisions as to authentication, see Rule 44 of

the Federal Rules of Civil Procedure.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1738A 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1738A. Full faith and credit given to child custody

determinations

-STATUTE-

(a) The appropriate authorities of every State shall enforce

according to its terms, and shall not modify except as provided in

subsections (f), (g), and (h) of this section, any custody

determination or visitation determination made consistently with

the provisions of this section by a court of another State.

(b) As used in this section, the term -

(1) "child" means a person under the age of eighteen;

(2) "contestant" means a person, including a parent or

grandparent, who claims a right to custody or visitation of a

child;

(3) "custody determination" means a judgment, decree, or other

order of a court providing for the custody of a child, and

includes permanent and temporary orders, and initial orders and

modifications;

(4) "home State" means the State in which, immediately

preceding the time involved, the child lived with his parents, a

parent, or a person acting as parent, for at least six

consecutive months, and in the case of a child less than six

months old, the State in which the child lived from birth with

any of such persons. Periods of temporary absence of any of such

persons are counted as part of the six-month or other period;

(5) "modification" and "modify" refer to a custody or

visitation determination which modifies, replaces, supersedes, or

otherwise is made subsequent to, a prior custody or visitation

determination concerning the same child, whether made by the same

court or not;

(6) "person acting as a parent" means a person, other than a

parent, who has physical custody of a child and who has either

been awarded custody by a court or claims a right to custody;

(7) "physical custody" means actual possession and control of a

child;

(8) "State" means a State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, or a territory or

possession of the United States; and

(9) "visitation determination" means a judgment, decree, or

other order of a court providing for the visitation of a child

and includes permanent and temporary orders and initial orders

and modifications.

(c) A child custody or visitation determination made by a court

of a State is consistent with the provisions of this section only

if -

(1) such court has jurisdiction under the law of such State;

and

(2) one of the following conditions is met:

(A) such State (i) is the home State of the child on the date

of the commencement of the proceeding, or (ii) had been the

child's home State within six months before the date of the

commencement of the proceeding and the child is absent from

such State because of his removal or retention by a contestant

or for other reasons, and a contestant continues to live in

such State;

(B)(i) it appears that no other State would have jurisdiction

under subparagraph (A), and (ii) it is in the best interest of

the child that a court of such State assume jurisdiction

because (I) the child and his parents, or the child and at

least one contestant, have a significant connection with such

State other than mere physical presence in such State, and (II)

there is available in such State substantial evidence

concerning the child's present or future care, protection,

training, and personal relationships;

(C) the child is physically present in such State and (i) the

child has been abandoned, or (ii) it is necessary in an

emergency to protect the child because the child, a sibling, or

parent of the child has been subjected to or threatened with

mistreatment or abuse;

(D)(i) it appears that no other State would have jurisdiction

under subparagraph (A), (B), (C), or (E), or another State has

declined to exercise jurisdiction on the ground that the State

whose jurisdiction is in issue is the more appropriate forum to

determine the custody or visitation of the child, and (ii) it

is in the best interest of the child that such court assume

jurisdiction; or

(E) the court has continuing jurisdiction pursuant to

subsection (d) of this section.

(d) The jurisdiction of a court of a State which has made a child

custody or visitation determination consistently with the

provisions of this section continues as long as the requirement of

subsection (c)(1) of this section continues to be met and such

State remains the residence of the child or of any contestant.

(e) Before a child custody or visitation determination is made,

reasonable notice and opportunity to be heard shall be given to the

contestants, any parent whose parental rights have not been

previously terminated and any person who has physical custody of a

child.

(f) A court of a State may modify a determination of the custody

of the same child made by a court of another State, if -

(1) it has jurisdiction to make such a child custody

determination; and

(2) the court of the other State no longer has jurisdiction, or

it has declined to exercise such jurisdiction to modify such

determination.

(g) A court of a State shall not exercise jurisdiction in any

proceeding for a custody or visitation determination commenced

during the pendency of a proceeding in a court of another State

where such court of that other State is exercising jurisdiction

consistently with the provisions of this section to make a custody

or visitation determination.

(h) A court of a State may not modify a visitation determination

made by a court of another State unless the court of the other

State no longer has jurisdiction to modify such determination or

has declined to exercise jurisdiction to modify such determination.

-SOURCE-

(Added Pub. L. 96-611, Sec. 8(a), Dec. 28, 1980, 94 Stat. 3569;

amended Pub. L. 105-374, Sec. 1, Nov. 12, 1998, 112 Stat. 3383;

Pub. L. 106-386, div. B, title III, Sec. 1303(d), Oct. 28, 2000,

114 Stat. 1512.)

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(2)(C)(ii). Pub. L. 106-386 substituted "the

child, a sibling, or parent of the child" for "he".

1998 - Subsec. (a). Pub. L. 105-374, Sec. 1(a), substituted

"subsections (f), (g), and (h) of this section, any custody

determination or visitation determination" for "subsection (f) of

this section, any child custody determination".

Subsec. (b)(2). Pub. L. 105-374, Sec. 1(b), inserted "or

grandparent" after "parent".

Subsec. (b)(3). Pub. L. 105-374, Sec. 1(c), struck out "or

visitation" after "for the custody".

Subsec. (b)(5). Pub. L. 105-374, Sec. 1(d), substituted "custody

or visitation determination" for "custody determination" in two

places.

Subsec. (b)(9). Pub. L. 105-374, Sec. 1(e), added par. (9).

Subsec. (c). Pub. L. 105-374, Sec. 1(f), substituted "custody or

visitation determination" for "custody determination" in

introductory provisions.

Subsec. (c)(2)(D)(i). Pub. L. 105-374, Sec. 1(g), inserted "or

visitation" after "determine the custody".

Subsecs. (d), (e). Pub. L. 105-374, Sec. 1(h), (i), substituted

"custody or visitation determination" for "custody determination".

Subsec. (g). Pub. L. 105-374, Sec. 1(j), which directed

substitution of "custody or visitation determination" for "custody

determination", was executed by making the substitution in two

places to reflect the probable intent of Congress.

Subsec. (h). Pub. L. 105-374, Sec. 1(k), added subsec. (h).

REPORT ON EFFECTS OF PARENTAL KIDNAPING LAWS IN DOMESTIC VIOLENCE

CASES

Pub. L. 106-386, div. B, title III, Sec. 1303(a)-(c), Oct. 28,

2000, 114 Stat. 1512, provided that:

"(a) In General. - The Attorney General shall -

"(1) conduct a study of Federal and State laws relating to

child custody, including custody provisions in protection orders,

the Uniform Child Custody Jurisdiction and Enforcement Act

adopted by the National Conference of Commissioners on Uniform

State Laws in July 1997, the Parental Kidnaping Prevention Act of

1980 [see Short Title of 1980 Amendments note set out under

section 1305 of Title 42, The Public Health and Welfare] and the

amendments made by that Act, and the effect of those laws on

child custody cases in which domestic violence is a factor; and

"(2) submit to Congress a report describing the results of that

study, including the effects of implementing or applying model

State laws, and the recommendations of the Attorney General to

reduce the incidence or pattern of violence against women or of

sexual assault of the child.

"(b) Sufficiency of Defenses. - In carrying out subsection (a)

with respect to the Parental Kidnaping Prevention Act of 1980 and

the amendments made by that Act, the Attorney General shall examine

the sufficiency of defenses to parental abduction charges available

in cases involving domestic violence, and the burdens and risks

encountered by victims of domestic violence arising from

jurisdictional requirements of that Act and the amendments made by

that Act.

"(c) Authorization of Appropriations. - There is authorized to be

appropriated to carry out this section $200,000 for fiscal year

2001."

[For definitions of "domestic violence" and "sexual assault" as

used in section 1303(a)-(c) of Pub. L. 106-386, set out above, see

section 1002 of Pub. L. 106-386, set out as a note under section

3796gg-2 of Title 42.]

CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE

Section 7 of Pub. L. 96-611 provided that:

"(a) The Congress finds that -

"(1) there is a large and growing number of cases annually

involving disputes between persons claiming rights of custody and

visitation of children under the laws, and in the courts, of

different States, the District of Columbia, the Commonwealth of

Puerto Rico, and the territories and possessions of the United

States;

"(2) the laws and practices by which the courts of those

jurisdictions determine their jurisdiction to decide such

disputes, and the effect to be given the decisions of such

disputes by the courts of other jurisdictions, are often

inconsistent and conflicting;

"(3) those characteristics of the law and practice in such

cases, along with the limits imposed by a Federal system on the

authority of each such jurisdiction to conduct investigations and

take other actions outside its own boundaries, contribute to a

tendency of parties involved in such disputes to frequently

resort to the seizure, restraint, concealment, and interstate

transportation of children, the disregard of court orders,

excessive relitigation of cases, obtaining of conflicting orders

by the courts of various jurisdictions, and interstate travel and

communication that is so expensive and time consuming as to

disrupt their occupations and commercial activities; and

"(4) among the results of those conditions and activities are

the failure of the courts of such jurisdictions to give full

faith and credit to the judicial proceedings of the other

jurisdictions, the deprivation of rights of liberty and property

without due process of law, burdens on commerce among such

jurisdictions and with foreign nations, and harm to the welfare

of children and their parents and other custodians.

"(b) For those reasons it is necessary to establish a national

system for locating parents and children who travel from one such

jurisdiction to another and are concealed in connection with such

disputes, and to establish national standards under which the

courts of such jurisdictions will determine their jurisdiction to

decide such disputes and the effect to be given by each such

jurisdiction to such decisions by the courts of other such

jurisdictions.

"(c) The general purposes of sections 6 to 10 of this Act

[enacting this section and section 663 of Title 42, The Public

Health and Welfare, amending sections 654 and 655 Title 42, and

enacting provisions set out as notes under this section, sections

663 and 1305 of Title 42, and section 1073 of Title 18, Crimes and

Criminal Procedure] are to -

"(1) promote cooperation between State courts to the end that a

determination of custody and visitation is rendered in the State

which can best decide the case in the interest of the child;

"(2) promote and expand the exchange of information and other

forms of mutual assistance between States which are concerned

with the same child;

"(3) facilitate the enforcement of custody and visitation

decrees of sister States;

"(4) discourage continuing interstate controversies over child

custody in the interest of greater stability of home environment

and of secure family relationships for the child;

"(5) avoid jurisdictional competition and conflict between

State courts in matters of child custody and visitation which

have in the past resulted in the shifting of children from State

to State with harmful effects on their well-being; and

"(6) deter interstate abductions and other unilateral removals

of children undertaken to obtain custody and visitation awards."

STATE COURT PROCEEDINGS FOR CUSTODY DETERMINATIONS; PRIORITY

TREATMENT; FEES, COSTS, AND OTHER EXPENSES

Section 8(c) of Pub. L. 96-611 provided that: "In furtherance of

the purposes of section 1738A of title 28, United States Code, as

added by subsection (a) of this section, State courts are

encouraged to -

"(1) afford priority to proceedings for custody determinations;

and

"(2) award to the person entitled to custody or visitation

pursuant to a custody determination which is consistent with the

provisions of such section 1738A, necessary travel expenses,

attorneys' fees, costs of private investigations, witness fees or

expenses, and other expenses incurred in connection with such

custody determination in any case in which -

"(A) a contestant has, without the consent of the person

entitled to custody or visitation pursuant to a custody

determination which is consistent with the provisions of such

section 1738A, (i) wrongfully removed the child from the

physical custody of such person, or (ii) wrongfully retained

the child after a visit or other temporary relinquishment of

physical custody; or

"(B) the court determines it is appropriate."

-End-

-CITE-

28 USC Sec. 1738B 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1738B. Full faith and credit for child support orders

-STATUTE-

(a) General Rule. - The appropriate authorities of each State -

(1) shall enforce according to its terms a child support order

made consistently with this section by a court of another State;

and

(2) shall not seek or make a modification of such an order

except in accordance with subsections (e), (f), and (i).

(b) Definitions. - In this section:

"child" means -

(A) a person under 18 years of age; and

(B) a person 18 or more years of age with respect to whom a

child support order has been issued pursuant to the laws of a

State.

"child's State" means the State in which a child resides.

"child's home State" means the State in which a child lived

with a parent or a person acting as parent for at least 6

consecutive months immediately preceding the time of filing of a

petition or comparable pleading for support and, if a child is

less than 6 months old, the State in which the child lived from

birth with any of them. A period of temporary absence of any of

them is counted as part of the 6-month period.

"child support" means a payment of money, continuing support,

or arrearages or the provision of a benefit (including payment of

health insurance, child care, and educational expenses) for the

support of a child.

"child support order" -

(A) means a judgment, decree, or order of a court requiring

the payment of child support in periodic amounts or in a lump

sum; and

(B) includes -

(i) a permanent or temporary order; and

(ii) an initial order or a modification of an order.

"contestant" means -

(A) a person (including a parent) who -

(i) claims a right to receive child support;

(ii) is a party to a proceeding that may result in the

issuance of a child support order; or

(iii) is under a child support order; and

(B) a State or political subdivision of a State to which the

right to obtain child support has been assigned.

"court" means a court or administrative agency of a State that

is authorized by State law to establish the amount of child

support payable by a contestant or make a modification of a child

support order.

"modification" means a change in a child support order that

affects the amount, scope, or duration of the order and modifies,

replaces, supersedes, or otherwise is made subsequent to the

child support order.

"State" means a State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the territories and

possessions of the United States, and Indian country (as defined

in section 1151 of title 18).

(c) Requirements of Child Support Orders. - A child support order

made by a court of a State is made consistently with this section

if -

(1) a court that makes the order, pursuant to the laws of the

State in which the court is located and subsections (e), (f), and

(g) -

(A) has subject matter jurisdiction to hear the matter and

enter such an order; and

(B) has personal jurisdiction over the contestants; and

(2) reasonable notice and opportunity to be heard is given to

the contestants.

(d) Continuing Jurisdiction. - A court of a State that has made a

child support order consistently with this section has continuing,

exclusive jurisdiction over the order if the State is the child's

State or the residence of any individual contestant unless the

court of another State, acting in accordance with subsections (e)

and (f), has made a modification of the order.

(e) Authority To Modify Orders. - A court of a State may modify a

child support order issued by a court of another State if -

(1) the court has jurisdiction to make such a child support

order pursuant to subsection (i); and

(2)(A) the court of the other State no longer has continuing,

exclusive jurisdiction of the child support order because that

State no longer is the child's State or the residence of any

individual contestant; or

(B) each individual contestant has filed written consent with

the State of continuing, exclusive jurisdiction for a court of

another State to modify the order and assume continuing,

exclusive jurisdiction over the order.

(f) Recognition of Child Support Orders. - If 1 or more child

support orders have been issued with regard to an obligor and a

child, a court shall apply the following rules in determining which

order to recognize for purposes of continuing, exclusive

jurisdiction and enforcement:

(1) If only 1 court has issued a child support order, the order

of that court must be recognized.

(2) If 2 or more courts have issued child support orders for

the same obligor and child, and only 1 of the courts would have

continuing, exclusive jurisdiction under this section, the order

of that court must be recognized.

(3) If 2 or more courts have issued child support orders for

the same obligor and child, and more than 1 of the courts would

have continuing, exclusive jurisdiction under this section, an

order issued by a court in the current home State of the child

must be recognized, but if an order has not been issued in the

current home State of the child, the order most recently issued

must be recognized.

(4) If 2 or more courts have issued child support orders for

the same obligor and child, and none of the courts would have

continuing, exclusive jurisdiction under this section, a court

having jurisdiction over the parties shall issue a child support

order, which must be recognized.

(5) The court that has issued an order recognized under this

subsection is the court having continuing, exclusive jurisdiction

under subsection (d).

(g) Enforcement of Modified Orders. - A court of a State that no

longer has continuing, exclusive jurisdiction of a child support

order may enforce the order with respect to nonmodifiable

obligations and unsatisfied obligations that accrued before the

date on which a modification of the order is made under subsections

(e) and (f).

(h) Choice of Law. -

(1) In general. - In a proceeding to establish, modify, or

enforce a child support order, the forum State's law shall apply

except as provided in paragraphs (2) and (3).

(2) Law of state of issuance of order. - In interpreting a

child support order including the duration of current payments

and other obligations of support, a court shall apply the law of

the State of the court that issued the order.

(3) Period of limitation. - In an action to enforce arrears

under a child support order, a court shall apply the statute of

limitation of the forum State or the State of the court that

issued the order, whichever statute provides the longer period of

limitation.

(i) Registration for Modification. - If there is no individual

contestant or child residing in the issuing State, the party or

support enforcement agency seeking to modify, or to modify and

enforce, a child support order issued in another State shall

register that order in a State with jurisdiction over the nonmovant

for the purpose of modification.

-SOURCE-

(Added Pub. L. 103-383, Sec. 3(a), Oct. 20, 1994, 108 Stat. 4064;

amended Pub. L. 104-193, title III, Sec. 322, Aug. 22, 1996, 110

Stat. 2221; Pub. L. 105-33, title V, Sec. 5554, Aug. 5, 1997, 111

Stat. 636.)

-MISC1-

AMENDMENTS

1997 - Subsec. (f)(4). Pub. L. 105-33, Sec. 5554(1), substituted

"a court having jurisdiction over the parties shall issue a child

support order, which must be recognized." for "a court may issue a

child support order, which must be recognized."

Subsec. (f)(5). Pub. L. 105-33, Sec. 5554(2), inserted "under

subsection (d)" after "jurisdiction".

1996 - Subsec. (a)(2). Pub. L. 104-193, Sec. 322(1), substituted

"subsections (e), (f), and (i)" for "subsection (e)".

Subsec. (b). Pub. L. 104-193, Sec. 322(2), inserted par. defining

"child's home State".

Subsec. (c). Pub. L. 104-193, Sec. 322(3), inserted "by a court

of a State" before "is made" in introductory provisions.

Subsec. (c)(1). Pub. L. 104-193, Sec. 322(4), inserted "and

subsections (e), (f), and (g)" after "located".

Subsec. (d). Pub. L. 104-193, Sec. 322(5), inserted "individual"

before "contestant" and substituted "subsections (e) and (f)" for

"subsection (e)".

Subsec. (e). Pub. L. 104-193, Sec. 322(6), substituted "modify a

child support order issued" for "make a modification of a child

support order with respect to a child that is made" in introductory

provisions.

Subsec. (e)(1). Pub. L. 104-193, Sec. 322(7), inserted "pursuant

to subsection (i)" after "order".

Subsec. (e)(2). Pub. L. 104-193, Sec. 322(8), inserted

"individual" before "contestant" in subpars. (A) and (B) and

substituted "with the State of continuing, exclusive jurisdiction

for a court of another State to modify the order and assume" for

"to that court's making the modification and assuming" in subpar.

(B).

Subsec. (f). Pub. L. 104-193, Sec. 322(10), added subsec. (f).

Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 104-193, Sec. 322(11), substituted

"Modified" for "Prior" in heading and "subsections (e) and (f)" for

"subsection (e)" in text.

Pub. L. 104-193, Sec. 322(9), redesignated subsec. (f) as (g).

Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 104-193, Sec. 322(12), inserted "including

the duration of current payments and other obligations of support"

before comma in par. (2) and "arrears under" after "enforce" in

par. (3).

Pub. L. 104-193, Sec. 322(9), redesignated subsec. (g) as (h).

Subsec. (i). Pub. L. 104-193, Sec. 322(13), added subsec. (i).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in enactment

of title III of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, Pub. L. 104-193, see section 5557 of

Pub. L. 105-33, set out as a note under section 608 of Title 42,

The Public Health and Welfare.

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date of amendment by Pub. L. 104-193, see section

395(a)-(c) of Pub. L. 104-193, set out as a note under section 654

of Title 42, The Public Health and Welfare.

CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE

Section 2 of Pub. L. 103-383 provided that:

"(a) Findings. - The Congress finds that -

"(1) there is a large and growing number of child support cases

annually involving disputes between parents who reside in

different States;

"(2) the laws by which the courts of different jurisdictions

determine their authority to establish child support orders are

not uniform;

"(3) those laws, along with the limits imposed by the Federal

system on the authority of each State to take certain actions

outside its own boundaries -

"(A) encourage noncustodial parents to relocate outside the

States where their children and the custodial parents reside to

avoid the jurisdiction of the courts of such States, resulting

in an increase in the amount of interstate travel and

communication required to establish and collect on child

support orders and a burden on custodial parents that is

expensive, time consuming, and disruptive of occupations and

commercial activity;

"(B) contribute to the pressing problem of relatively low

levels of child support payments in interstate cases and to

inequities in child support payments levels that are based

solely on the noncustodial parent's choice of residence;

"(C) encourage a disregard of court orders resulting in

massive arrearages nationwide;

"(D) allow noncustodial parents to avoid the payment of

regularly scheduled child support payments for extensive

periods of time, resulting in substantial hardship for the

children for whom support is due and for their custodians; and

"(E) lead to the excessive relitigation of cases and to the

establishment of conflicting orders by the courts of various

jurisdictions, resulting in confusion, waste of judicial

resources, disrespect for the courts, and a diminution of

public confidence in the rule of law; and

"(4) among the results of the conditions described in this

subsection are -

"(A) the failure of the courts of the States to give full

faith and credit to the judicial proceedings of the other

States;

"(B) the deprivation of rights of liberty and property

without due process of law;

"(C) burdens on commerce among the States; and

"(D) harm to the welfare of children and their parents and

other custodians.

"(b) Statement of Policy. - In view of the findings made in

subsection (a), it is necessary to establish national standards

under which the courts of the various States shall determine their

jurisdiction to issue a child support order and the effect to be

given by each State to child support orders issued by the courts of

other States.

"(c) Purposes. - The purposes of this Act [enacting this section

and provisions set out as a note under section 1 of this title] are

-

"(1) to facilitate the enforcement of child support orders

among the States;

"(2) to discourage continuing interstate controversies over

child support in the interest of greater financial stability and

secure family relationships for the child; and

"(3) to avoid jurisdictional competition and conflict among

State courts in the establishment of child support orders."

-End-

-CITE-

28 USC Sec. 1738C 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1738C. Certain acts, records, and proceedings and the effect

thereof

-STATUTE-

No State, territory, or possession of the United States, or

Indian tribe, shall be required to give effect to any public act,

record, or judicial proceeding of any other State, territory,

possession, or tribe respecting a relationship between persons of

the same sex that is treated as a marriage under the laws of such

other State, territory, possession, or tribe, or a right or claim

arising from such relationship.

-SOURCE-

(Added Pub. L. 104-199, Sec. 2(a), Sept. 21, 1996, 110 Stat. 2419.)

-End-

-CITE-

28 USC Sec. 1739 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1739. State and Territorial nonjudicial records; full faith

and credit

-STATUTE-

All nonjudicial records or books kept in any public office of any

State, Territory, or Possession of the United States, or copies

thereof, shall be proved or admitted in any court or office in any

other State, Territory, or Possession by the attestation of the

custodian of such records or books, and the seal of his office

annexed, if there be a seal, together with a certificate of a judge

of a court of record of the county, parish, or district in which

such office may be kept, or of the Governor, or secretary of state,

the chancellor or keeper of the great seal, of the State,

Territory, or Possession that the said attestation is in due form

and by the proper officers.

If the certificate is given by a judge, it shall be further

authenticated by the clerk or prothonotary of the court, who shall

certify, under his hand and the seal of his office, that such judge

is duly commissioned and qualified; or, if given by such Governor,

secretary, chancellor, or keeper of the great seal, it shall be

under the great seal of the State, Territory, or Possession in

which it is made.

Such records or books, or copies thereof, so authenticated, shall

have the same full faith and credit in every court and office

within the United States and its Territories and Possessions as

they have by law or usage in the courts or offices of the State,

Territory, or Possession from which they are taken.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 947.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 688 (R.S. Sec. 906).

Words "Possession of the United States" were substituted for "or

any country subject to the jurisdiction of the United States."

Words "or copies thereof" were added in two places. Copies have

always been used to prove records and books under section 688 of

title 28, U.S.C., 1940 ed., and the addition of these words

clarifies the former implied meaning of such section.

In the first paragraph of the revised section words "a judge of a

court of record" were substituted for words "the presiding justice

of the court" and in the second paragraph "judge" was substituted

for "presiding justice" for convenience and without change of

substance.

Words "and its Territories and Possessions" were added after

"United States", near the end of the section, in view of provisions

of section 688 of title 28, U.S.C., 1940 ed., for the admission of

records and books in any court or office in any other State,

Territory, or "in any such country." (Changed to "Possession" in

this section.)

See also Rule 44 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1740 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1740. Copies of consular papers

-STATUTE-

Copies of all official documents and papers in the office of any

consul or vice consul of the United States, and of all official

entries in the books or records of any such office, authenticated

by the consul or vice consul, shall be admissible equally with the

originals.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 947.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 677 (R.S. Sec. 896;

Apr. 5, 1906, ch. 1366, Sec. 3, 34 Stat. 100).

Words "authenticated by the consul or vice consul" were

substituted for "certified under the hand and seal of such

officer", for clarity. Words "in the courts of the United States",

were omitted after "admissible". Such papers should be so admitted

in all courts consistently with sections 1738 and 1739 of this

title.

See also Rule 44 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1741 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1741. Foreign official documents

-STATUTE-

An official record or document of a foreign country may be

evidenced by a copy, summary, or excerpt authenticated as provided

in the Federal Rules of Civil Procedure.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 948; May 24, 1949, ch. 139, Sec.

92(b), 63 Stat. 103; Pub. L. 88-619, Sec. 5(a), Oct. 3, 1964, 78

Stat. 996.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 695e (June 20, 1936,

ch. 640, Sec. 6, 49 Stat. 1563).

Words "Nothing contained in this section shall be deemed to

alter, amend, or repeal section 689 of this title," at the end of

section 695e of title 28, U.S.C., 1940 ed., were omitted. Although

significant in the original Act, such words are unnecessary in a

revision wherein both sections in question, as revised, are enacted

at the same time.

See also Rule 44 of the Federal Rules of Civil Procedure.

Section 695e-1 of title 28, U.S.C., 1940 ed., providing for

certification of Vatican City Documents will be incorporated in

title 22, U.S.C., Foreign Relations and Intercourse.

Changes were made in phraseology.

1949 ACT

This section corrects a typographical error in section 1741 of

title 28, U.S.C.

AMENDMENTS

1964 - Pub. L. 88-619 substituted "An official record or document

of a foreign country may be evidenced by a copy, summary, or

excerpt authenticated as provided in the Federal Rules of Civil

Procedure" for "A copy of any foreign document of record or on file

in a public office of a foreign country or political subdivision

thereof, certified by the lawful custodian thereof, shall be

admissible in evidence when authenticated by a certificate of a

consular officer of the United States resident in such foreign

country, under the seal of his office, that the copy has been

certified by the lawful custodian" in text, and "official

documents" for "documents, generally; copies" in section catchline.

1949 - Act May 24, 1949, corrected spelling of "admissible".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 sections 1204, 4222.

-End-

-CITE-

28 USC Sec. 1742 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

[Sec. 1742. Repealed. Pub. L. 88-619, Sec. 6(a), Oct. 3, 1964, 78

Stat. 996]

-MISC1-

Section, act June 25, 1948, ch. 646, 62 Stat. 948, related to

authentication and certification of copies of documents relating to

land titles, by persons having custody of such of any foreign

government or its agents, certification by an American minister or

consul that they be true copies of the originals, the recording of

such copies in the office of the General Counsel for the Department

of the Treasury, and to the evidentiary value of such copies.

-End-

-CITE-

28 USC Sec. 1743 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1743. Demand on postmaster

-STATUTE-

The certificate of the Postmaster General or the General

Accounting Office of the mailing to a postmaster of a statement of

his account and that payment of the balance stated has not been

received shall be sufficient evidence of a demand notwithstanding

any allowances or credits subsequently made. A copy of such

statement shall be attached to the certificate.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 948.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 670 (R.S. Sec. 890;

June 10, 1921, ch. 18, Sec. 301, 42 Stat. 23).

Provisions in section 670 of title 28, U.S.C., 1940 ed., that the

statement should recite that a letter has been mailed to a

described post office and sufficient time has elapsed for it to

have reached its destination, was omitted as superfluous.

The last clause of section 670 of title 28, U.S.C., 1940 ed., was

omitted as covered by the phrase "notwithstanding any allowances or

credits subsequently made" in the revised section.

Changes were made in phraseology.

-TRANS-

TRANSFER OF FUNCTIONS

The office of Postmaster General of the Post Office Department

was abolished and all functions, powers, and duties of the

Postmaster General were transferred to the United States Postal

Service by Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773,

set out as a note under section 201 of Title 39, Postal Service.

-End-

-CITE-

28 USC Sec. 1744 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1744. Copies of United States Patent and Trademark Office

documents, generally

-STATUTE-

Copies of letters patent or of any records, books, papers, or

drawings belonging to the United States Patent and Trademark Office

and relating to patents, authenticated under the seal of the United

States Patent and Trademark Office and certified by the Under

Secretary of Commerce for Intellectual Property and Director of the

United States Patent and Trademark Office, or by another officer of

the United States Patent and Trademark Office authorized to do so

by the Director, shall be admissible in evidence with the same

effect as the originals.

Any person making application and paying the required fee may

obtain such certified copies.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 948; May 24, 1949, ch. 139, Sec.

92(c), 63 Stat. 103; Pub. L. 106-113, div. B, Sec. 1000(a)(9)

[title IV, Sec. 4732(b)(15)(B), (C)], Nov. 29, 1999, 113 Stat.

1536, 1501A-584.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 127 of title 15, U.S.C., 1940 ed., Commerce and

Trade, and title 28, U.S.C., 1940 ed., Sec. 673 (R.S. Sec. 892;

Mar. 19, 1920, ch. 104, Sec. 7, 41 Stat. 535; Mar. 4, 1925, ch.

535, Sec. 2, 43 Stat. 1269).

For purposes of uniformity, words "written or printed," at the

beginning of the section, were omitted. Similar sections in this

chapter do not contain such words.

Words "or in his name attested by a chief of division duly

designated by the commissioner," after "Commissioner of Patents,"

were omitted as unnecessary.

Changes in phraseology were made.

AMENDMENTS

1999 - Pub. L. 106-113 substituted "United States Patent and

Trademark Office" for "Patent Office" wherever appearing in section

catchline and text and in text substituted "Under Secretary of

Commerce for Intellectual Property and Director of the United

States Patent and Trademark Office" for "Commissioner of Patents"

and "Director" for "Commissioner".

1949 - Act May 24, 1949, substituted "patents" after "relating

to" for "registered trade-marks, labels, or prints", and inserted

"or by another officer of the Patent Office authorized to do so by

the Commissioner" after "Commissioner of Patents".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1745 of this title.

-End-

-CITE-

28 USC Sec. 1745 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1745. Copies of foreign patent documents

-STATUTE-

Copies of the specifications and drawings of foreign letters

patent, or applications for foreign letters patent, and copies of

excerpts of the official journals and other official publications

of foreign patent offices belonging to the United States Patent and

Trademark Office, certified in the manner provided by section 1744

of this title are prima facie evidence of their contents and of the

dates indicated on their face.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 948, Sec. 1746; renumbered Sec.

1745, May 24, 1949, ch. 139, Sec. 92(e), 63 Stat. 103; Pub. L.

88-619, Sec. 7(a), Oct. 3, 1964, 78 Stat. 996; amended Pub. L.

106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(16)], Nov.

29, 1999, 113 Stat. 1536, 1501A-585.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 674 (R.S. Sec. 893).

Changes were made in phraseology.

PRIOR PROVISIONS

A prior section 1745, act June 25, 1948, ch. 646, 62 Stat. 948,

related to printed copies of patent specifications and drawings,

prior to repeal by act May 24, 1949, ch. 139, Sec. 92(d), 63 Stat.

103.

AMENDMENTS

1999 - Pub. L. 106-113 substituted "United States Patent and

Trademark Office" for "United States Patent Office".

1964 - Pub. L. 88-619, among other changes, inserted "or

applications for foreign letters patent, and copies of excerpts of

the official journals and other official publications of foreign

patent offices belonging to the United States Patent Office" in

text, and substituted "documents" for "specifications and drawings"

in section catchline.

1949 - Act May 24, 1949, renumbered section 1746 of this title as

this section.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

-End-

-CITE-

28 USC Sec. 1746 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-

Sec. 1746. Unsworn declarations under penalty of perjury

-STATUTE-

Wherever, under any law of the United States or under any rule,

regulation, order, or requirement made pursuant to law, any matter

is required or permitted to be supported, evidenced, established,

or proved by the sworn declaration, verification, certificate,

statement, oath, or affidavit, in writing of the person making the

same (other than a deposition, or an oath of office, or an oath

required to be taken before a specified official other than a

notary public), such matter may, with like force and effect, be

supported, evidenced, established, or proved by the unsworn

declaration, certificate, verification, or statement, in writing of

such person which is subscribed by him, as true under penalty of

perjury, and dated, in substantially the following form:

(1) If executed without the United States: "I declare (or

certify, verify, or state) under penalty of perjury under the laws

of the United States of America that the foregoing is true and

correct. Executed on (date).

(SIGNATURE)".

(2) If executed within the United States, its territories,

possessions, or commonwealths: "I declare (or certify, verify, or

state) under penalty of perjury that the foregoing is true and

correct. Executed on (date).

(SIGNATURE)".

-SOURCE-

(Added Pub. L. 94-550, Sec. 1(a), Oct. 18, 1976, 90 Stat. 2534.)

-MISC1-

PRIOR PROVISIONS

A prior section 1746 was renumbered section 1745 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 sections 1183a, 1225,

1357; title 10 section 931; title 18 sections 152, 1546, 1621,

1623; title 25 section 399.

-End-