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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- -CITE- 28 USC Sec. 1733 01/19/04 -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). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 31 section 704. -End- -CITE- 28 USC Sec. 1734 01/19/04 -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 01/19/04 -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 01/19/04 -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 01/19/04 -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 01/19/04 -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 01/19/04 -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.] CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE Section 7 of Pub. L. 96-611 provided that: "(a) The Congress finds that - "(1) ther

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