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Based on title 28, U.S.C., 1940 ed., Sec. 695e (June 20, 1936, ch. 640, Sec. 6, 49 Stat. 1563). Words "Nothing contained in this section shall be deemed to alter, amend, or repeal section 689 of this title," at the end of section 695e of title 28, U.S.C., 1940 ed., were omitted. Although significant in the original Act, such words are unnecessary in a revision wherein both sections in question, as revised, are enacted at the same time. See also Rule 44 of the Federal Rules of Civil Procedure. Section 695e-1 of title 28, U.S.C., 1940 ed., providing for certification of Vatican City Documents will be incorporated in title 22, U.S.C., Foreign Relations and Intercourse. Changes were made in phraseology. 1949 ACT This section corrects a typographical error in section 1741 of title 28, U.S.C. AMENDMENTS 1964 - Pub. L. 88-619 substituted "An official record or document of a foreign country may be evidenced by a copy, summary, or excerpt authenticated as provided in the Federal Rules of Civil Procedure" for "A copy of any foreign document of record or on file in a public office of a foreign country or political subdivision thereof, certified by the lawful custodian thereof, shall be admissible in evidence when authenticated by a certificate of a consular officer of the United States resident in such foreign country, under the seal of his office, that the copy has been certified by the lawful custodian" in text, and "official documents" for "documents, generally; copies" in section catchline. 1949 - Act May 24, 1949, corrected spelling of "admissible". -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 sections 1204, 4222. -End- -CITE- 28 USC Sec. 1742 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 115 - EVIDENCE; DOCUMENTARY -HEAD- [Sec. 1742. Repealed. Pub. L. 88-619, Sec. 6(a), Oct. 3, 1964, 78 Stat. 996] -MISC1- Section, act June 25, 1948, ch. 646, 62 Stat. 948, related to authentication and certification of copies of documents relating to land titles, by persons having custody of such of any foreign government or its agents, certification by an American minister or consul that they be true copies of the originals, the recording of such copies in the office of the General Counsel for the Department of the Treasury, and to the evidentiary value of such copies. -End- -CITE- 28 USC Sec. 1743 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 115 - EVIDENCE; DOCUMENTARY -HEAD- Sec. 1743. Demand on postmaster -STATUTE- The certificate of the Postmaster General or the General Accounting Office of the mailing to a postmaster of a statement of his account and that payment of the balance stated has not been received shall be sufficient evidence of a demand notwithstanding any allowances or credits subsequently made. A copy of such statement shall be attached to the certificate. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 948.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 670 (R.S. Sec. 890; June 10, 1921, ch. 18, Sec. 301, 42 Stat. 23). Provisions in section 670 of title 28, U.S.C., 1940 ed., that the statement should recite that a letter has been mailed to a described post office and sufficient time has elapsed for it to have reached its destination, was omitted as superfluous. The last clause of section 670 of title 28, U.S.C., 1940 ed., was omitted as covered by the phrase "notwithstanding any allowances or credits subsequently made" in the revised section. Changes were made in phraseology. -TRANS- TRANSFER OF FUNCTIONS The office of Postmaster General of the Post Office Department was abolished and all functions, powers, and duties of the Postmaster General were transferred to the United States Postal Service by Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service. -End- -CITE- 28 USC Sec. 1744 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 115 - EVIDENCE; DOCUMENTARY -HEAD- Sec. 1744. Copies of United States Patent and Trademark Office documents, generally -STATUTE- Copies of letters patent or of any records, books, papers, or drawings belonging to the United States Patent and Trademark Office and relating to patents, authenticated under the seal of the United States Patent and Trademark Office and certified by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, or by another officer of the United States Patent and Trademark Office authorized to do so by the Director, shall be admissible in evidence with the same effect as the originals. Any person making application and paying the required fee may obtain such certified copies. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 948; May 24, 1949, ch. 139, Sec. 92(c), 63 Stat. 103; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(15)(B), (C)], Nov. 29, 1999, 113 Stat. 1536, 1501A-584.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 127 of title 15, U.S.C., 1940 ed., Commerce and Trade, and title 28, U.S.C., 1940 ed., Sec. 673 (R.S. Sec. 892; Mar. 19, 1920, ch. 104, Sec. 7, 41 Stat. 535; Mar. 4, 1925, ch. 535, Sec. 2, 43 Stat. 1269). For purposes of uniformity, words "written or printed," at the beginning of the section, were omitted. Similar sections in this chapter do not contain such words. Words "or in his name attested by a chief of division duly designated by the commissioner," after "Commissioner of Patents," were omitted as unnecessary. Changes in phraseology were made. AMENDMENTS 1999 - Pub. L. 106-113 substituted "United States Patent and Trademark Office" for "Patent Office" wherever appearing in section catchline and text and in text substituted "Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office" for "Commissioner of Patents" and "Director" for "Commissioner". 1949 - Act May 24, 1949, substituted "patents" after "relating to" for "registered trade-marks, labels, or prints", and inserted "or by another officer of the Patent Office authorized to do so by the Commissioner" after "Commissioner of Patents". EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as a note under section 1 of Title 35, Patents. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1745 of this title. -End- -CITE- 28 USC Sec. 1745 01/19/04 -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 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 115 - EVIDENCE; DOCUMENTARY -HEAD- Sec. 1746. Unsworn declarations under penalty of perjury -STATUTE- Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: (1) If executed without the United States: "I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (SIGNATURE)". (2) If executed within the United States, its territories, possessions, or commonwealths: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (SIGNATURE)". -SOURCE- (Added Pub. L. 94-550, Sec. 1(a), Oct. 18, 1976, 90 Stat. 2534.) -MISC1- PRIOR PROVISIONS A prior section 1746 was renumbered section 1745 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 8 sections 1183a, 1225, 1357; title 10 section 931; title 18 sections 152, 1546, 1621, 1623; title 25 section 399. -End- -CITE- 28 USC CHAPTER 117 - EVIDENCE; DEPOSITIONS 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 117 - EVIDENCE; DEPOSITIONS -HEAD- CHAPTER 117 - EVIDENCE; DEPOSITIONS -MISC1- Sec. 1781. Transmittal of letter rogatory or request. 1782. Assistance to foreign and international tribunals and to litigants before such tribunals. 1783. Subpoena of person in foreign country. 1784. Contempt. 1785. Subpoenas in multiparty, multiforum actions. AMENDMENTS 2002 - Pub. L. 107-273, div. C, title I, Sec. 11020(b)(4)(B)(ii), Nov. 2, 2002, 116 Stat. 1829, added item 1785. 1964 - Pub. L. 88-619, Secs. 8(b), 9(b), 10(b), 12(b), Oct. 3, 1964, 78 Stat. 997, 998, substituted "Transmittal of letter rogatory or request" for "Foreign witnesses" in item 1781, "Assistance to foreign and international tribunals and to litigants before such tribunals" for "Testimony for use in foreign countries" in item 1782, "person" for "witness" in item 1783, and struck out item 1785 "Privilege against incrimination". DEPOSITIONS IN ADMIRALTY CASES Prior to the general unification of civil and admiralty procedure and the recision of the Admiralty Rules on July 1, 1966, Revised Statutes Secs. 863 to 865, as amended, which related to depositions de bene esse, when and how taken, notice, mode of taking, and transmission to court, provided as follows: "Sec. 863. The testimony of any witness may be taken in any civil cause depending in a district court by deposition de bene esse, when the witness lives at a greater distance from the place of trial than one hundred miles, or is bound on a voyage to sea, or is about to go out of the United States, or out of the district in which the case is to be tried, and to a greater distance than one hundred miles from the place of trial, before the time of trial, or when he is ancient and infirm. The deposition may be taken before any judge of any court of the United States, or any clerk of a district court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties, nor interested in the event of the cause. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition, to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition; and in all cases in rem, the person having the agency or possession of the property at the time of seizure shall be deemed the adverse party, until a claim shall have been put in; and whenever, by reason of the absence from the district and want of an attorney of record or other reason, the giving of the notice herein required shall be impracticable, it shall be lawful to take such depositions as there shall be urgent necessity for taking, upon such notice as any judge authorized to hold courts in such district shall think reasonable and direct. Any person may be compelled to appear and depose as provided by this section, in the same manner as witnesses may be compelled to appear and testify in court. "Sec. 864. Every person deposing as provided in the preceding section [R.S. Sec. 863] shall be cautioned and sworn to testify the whole truth, and carefully examined. "His testimony shall be reduced to writing or typewriting by the officer taking the deposition, or by some person under his personal supervision, or by the deponent himself in the officer's presence, and by no other person, and shall, after it has been reduced to writing or typewriting, be subscribed by the deponent. [As amended May 23, 1900, ch. 541, 31 Stat. 182.] "Sec. 865. Every deposition taken under the two preceding sections [R.S. Secs. 863, 864] shall be retained by the magistrate taking it, until he delivers it with his own hand into the court for which it is taken; or it shall, together with a certificate of the reasons as aforesaid of taking it and of the notice, if any, given to the adverse party, be by him sealed up and directed to such court, and remain under his seal until opened in court. But unless it appears to the satisfaction of the court that the witness is then dead, or gone out of the United States, or to a greater distance than one hundred miles from the place where the court is sitting, or that, by reason of age, sickness, bodily infirmity, or imprisonment, he is unable to travel and appear at court, such deposition shall not be used in the cause." R.S. Secs. 863 to 865, as amended, quoted above, were applicable to admiralty proceedings only. Proceedings in bankruptcy and copyright are governed by rule 26 et seq. of Federal Rules of Civil Procedure. See also Rules of Bankruptcy Procedure set out in the Appendix to Title 11, Bankruptcy. -End- -CITE- 28 USC Sec. 1781 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 117 - EVIDENCE; DEPOSITIONS -HEAD- Sec. 1781. Transmittal of letter rogatory or request -STATUTE- (a) The Department of State has power, directly, or through suitable channels - (1) to receive a letter rogatory issued, or request made, by a foreign or international tribunal, to transmit it to the tribunal, officer, or agency in the United States to whom it is addressed, and to receive and return it after execution; and (2) to receive a letter rogatory issued, or request made, by a tribunal in the United States, to transmit it to the foreign or international tribunal, officer, or agency to whom it is addressed, and to receive and return it after execution. (b) This section does not preclude - (1) the transmittal of a letter rogatory or request directly from a foreign or international tribunal to the tribunal, officer, or agency in the United States to whom it is addressed and its return in the same manner; or (2) the transmittal of a letter rogatory or request directly from a tribunal in the United States to the foreign or international tribunal, officer, or agency to whom it is addressed and its return in the same manner. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 948; Pub. L. 88-619, Sec. 8(a), Oct. 3, 1964, 78 Stat. 996.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 653 (R.S. Sec. 875; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 241; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167). Word "officer" was substituted for "commissioner" to obviate uncertainty as to the person to whom the letters or commissioned may be issued. The third sentence of section 653 of title 28, U.S.C., 1940 ed., providing for admission of testimony "so taken and returned" without objection as to the method of return, was omitted as unnecessary. Obviously, if the method designated by Congress is followed, it cannot be objected to. The last sentence of section 653 of title 26, U.S.C., 1940 ed., relating to letters rogatory from courts of foreign countries, is incorporated in section 1782 of this title. The revised section extends the provisions of section 653 of title 28, U.S.C., 1940 ed., which applied only to cases wherein the United States was a party or was interested, so as to insure a uniform method of taking foreign depositions in all cases. Words "courts of the United States" were inserted to make certain that the section is addressed to the Federal rather than the State courts as obviously intended by Congress. Changes were made in phraseology. AMENDMENTS 1964 - Pub. L. 88-619 substituted provisions authorizing the Department of State to transmit a letter rogatory or request by a foreign or international tribunal, or by a tribunal in the United States, to the tribunal, officer or agency in the United States or its foreign or international counterpart, to whom addressed, and to return it after execution, and providing that this section does not preclude direct transmission of letters rogatory or requests between interested tribunals, officers or agencies of foreign, international and of United States origin, for provisions authorizing United States ministers or consuls, whenever a United States court issues letters rogatory or a commission to take a deposition, to receive the executed letters or commissions from foreign courts or officers, endorse them with the place and date of receipt and any change in the deposition, and transmit it to the clerk of the issuing court in the same manner as his official dispatches, in text and "Transmittal of letter rogatory or request" for "Foreign witnesses" in section catchline. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 7423. -End- -CITE- 28 USC Sec. 1782 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 117 - EVIDENCE; DEPOSITIONS -HEAD- Sec. 1782. Assistance to foreign and international tribunals and to litigants before such tribunals -STATUTE- (a) The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal, including criminal investigations conducted before formal accusation. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person and may direct that the testimony or statement be given, or the document or other thing be produced, before a person appointed by the court. By virtue of his appointment, the person appointed has power to administer any necessary oath and take the testimony or statement. The order may prescribe the practice and procedure, which may be in whole or part the practice and procedure of the foreign country or the international tribunal, for taking the testimony or statement or producing the document or other thing. To the extent that the order does not prescribe otherwise, the testimony or statement shall be taken, and the document or other thing produced, in accordance with the Federal Rules of Civil Procedure. A person may not be compelled to give his testimony or statement or to produce a document or other thing in violation of any legally applicable privilege. (b) This chapter does not preclude a person within the United States from voluntarily giving his testimony or statement, or producing a document or other thing, for use in a proceeding in a foreign or international tribunal before any person and in any manner acceptable to him. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 949; May 24, 1949, ch. 139, Sec. 93, 63 Stat. 103; Pub. L. 88-619, Sec. 9(a), Oct. 3, 1964, 78 Stat. 997; Pub. L. 104-106, div. A, title XIII, Sec. 1342(b), Feb. 10, 1996, 110 Stat. 486.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., Secs. 649-653, 701, 703, 704 (R.S. Secs. 871-875, 4071, 4073, 4074; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 241; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 25, 1936, ch. 804, 49 Stat. 1921). Sections 649-652 of title 28, U.S.C., 1940 ed., applied only to the District of Columbia and contained detailed provisions for issuing subpoenas, payment of witness fees and procedure for ordering and taking depositions. These matters are all covered by Federal Rules of Civil Procedure, Rules 26-32. Provisions in sections 649-652 of title 28, U.S.C., 1940 ed., relating to the taking of testimony in the District of Columbia for use in State and Territorial courts were omitted as covered by section 14-204 of the District of Columbia Code, 1940 ed., and Rules 26 et seq., and 46 of the Federal Rules of Civil Procedure. Only the last sentence of section 653 of title 28, U.S.C., 1940 ed., is included in this revised section. The remaining provisions relating to depositions of witnesses in foreign countries form the basis of section 1781 of this title. Sections 701, 703, and 704 of

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