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LegalText 28 U.S.C. § 1734 Court record lost or destroyed, generally us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 115 EVIDENCE; DOCUMENTARY 1734 28 U.S.C. § 1734 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s1734 data/legal/raw/us/code/title-28/usc28.xml 7ebdbc26d22316d6cbd918c7cac931a992ddfd68c6dfcfb3919320f304234008 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf b5abc2f1f3956d55d0f2f39e965cdfa8d23f71d6f7b4a5f41f2c904d4e2163ec 2026-07-04 official
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28 U.S.C. § 1734 - Court record lost or destroyed, generally

Text

(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.

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

Notes

Historical and Revision NotesBased 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). 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.