-CITE-
    28 USC CHAPTER 115 - EVIDENCE; DOCUMENTARY                  01/03/2007

-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      Repealed.]                                            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                                            01/03/2007

-EXPCITE-
    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                                            01/03/2007

-EXPCITE-
    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).

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


-End-



-CITE-
    28 USC Sec. 1733                                            01/03/2007

-EXPCITE-
    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).

-End-



-CITE-
    28 USC Sec. 1734                                            01/03/2007

-EXPCITE-
    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-



-CITE-
    28 USC Sec. 1735                                            01/03/2007

-EXPCITE-
    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-



-CITE-
    28 USC Sec. 1736                                            01/03/2007

-EXPCITE-
    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                                            01/03/2007

-EXPCITE-
    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                                            01/03/2007

-EXPCITE-
    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                                           01/03/2007

-EXPCITE-
    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, The Public Health and Welfare.]

             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                                           01/03/2007

-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                                           01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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".

-End-



-CITE-
    28 USC Sec. 1742                                            01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART V - PROCEDURE
    CHAPTER 115 - EVIDENCE; DOCUMENTARY

-HEAD-
    Sec. 1742. Repealed.

-MISC1-
    [Sec. 1742. Repealed. Pub. L. 88-619, Sec. 6(a), Oct. 3, 1964, 78
      Stat. 996].
      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                                            01/03/2007

-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 Government
    Accountability 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; Pub. L. 108-271, Sec. 8(b),
    July 7, 2004, 118 Stat. 814.)


-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.

                                AMENDMENTS                            
      2004 - Pub. L. 108-271 substituted "Government Accountability
    Office" for "General Accounting Office".


-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                                            01/03/2007

-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.

-End-



-CITE-
    28 USC Sec. 1745                                            01/03/2007

-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                                            01/03/2007

-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.

-End-