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2026-07-06 10:51:44 -04:00

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LegalText 28 U.S.C. § 457 Records; obsolete papers us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 21 GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES 457 28 U.S.C. § 457 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/s457 data/legal/raw/us/code/title-28/usc28.xml edd15c98a82b8a8d506f45c3ac514313ed4d49d4a2e2998eb14506210b2a93b3 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf 2eb109a3f17fd95bc7894fb0c514dde0c8d053305013ae418b345244cc76790b 2026-07-04 official
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28 U.S.C. § 457 - Records; obsolete papers

Text

The records of district courts and of courts of appeals shall be kept at one or more of the places where court is held. Such places shall be designated by the respective courts except when otherwise directed by the judicial council of the circuit. Papers of any court established by Act of Congress which have become obsolete and are no longer necessary or useful, may be disposed of with the approval of the court concerned in the manner provided by sections 366380 of Title 44 and in accordance with the rules of the Judicial Conference of the United States.

(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 95598, title II, § 216, Nov. 6, 1978, 92 Stat. 2661.)

Notes

Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§ 10, 523a, 523b, (Mar. 3, 1911, ch. 231, § 6, 36 Stat. 1088; June 3, 1930, ch. 396, §§ 1, 2, 46 Stat. 496). Section consolidates and simplifies sections 10, 523a and 523b of title 28, U.S.C., 1940 ed., relating to filing district court records and destroying obsolete papers and bankruptcy proofs of claims. The revised section enlarges scope of section 10 of title 28, U.S.C., 1940 ed., to include places of keeping records of courts of appeals which was not covered by existing law. The provisions in section 10 of title 28, U.S.C., 1940 ed., that where court is held “at more than one place” and the place of keeping the records “is not specially provided by law, they shall be kept at either of the places” designated by the court, was changed to permit the judicial councils of the circuits to make the determination without requiring special enactment of Congress. See section 332 of this title as to purpose and duties of the judicial councils. The provision of section 523a of title 28, U.S.C., 1940 ed., authorizing destruction of records by the Attorney General was rewritten in the second paragraph to give such authority, respecting court records, to the Director of the Administrative Office of the United States Courts. Such Director, under section 604 of this title, now exercises administrative authority over clerks and commissioners. A similar provision with respect to records of United States attorneys and marshals was omitted as superseded by sections 366 and 380 of title 44, U.S.C., 1940 ed., Public Printing and Documents, which prescribe the exclusive method for disposition of such papers. Substantial changes were made in phraseology and arrangement.

Editorial Notes

References in TextSections 366380 of Title 44, referred to in text, were repealed and the provisions thereof reenacted as chapter 33 (§ 3301 et seq.) of Title 44, Public Printing and Documents, by Pub. L. 90620, Oct. 22, 1968, 82 Stat. 1238.

Amendments1978—Pub. L. 95598 directed the amendment of section by inserting “of bankruptcy courts,” after “The record”, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.