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28 U.S.C. § 1732 — Record made in regular course of business; photographic copies
Federal law — U.S. Code and appendices · legal_authorities
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 11 So in original. Probably should be “section”. shall not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence.
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Source file: Laws/federal/codes/united-states-code/title-28/section-1732-record-made-in-regular-course-of-business-photographic-copies--228c99dfaf.md
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Source location: Title 28, Chapter 115, § 1732; chapter-115-evidence-documentary.md
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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 11 So in original. Probably should be “section”. shall not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence.
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Federal law — U.S. Code and appendices · legal_authorities
Any book, paper, statement, record, account, writing, or other document, or any portion thereof, of whatever character and in whatever form, as well as any copy thereof equally with the original, which is not in the United States shall, when duly certified as provided in [section 3494 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3494&num=0&edition=prelim), be admissible in evidence in any criminal action or proceeding in any court of the United States if the court shall find, from all the testimony taken with respect to such foreign document pursuant to a commission executed under [section 3492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3492&num=0&edition=prelim), that such document (or the original thereof in case such document is a copy) satisfies the authentication requirements of the Federal Rules of Evidence, unless in the event that the genuineness of such document is denied, any party to such criminal action or proceeding making such denial shall establish to the satisfaction of the court that such document is not genuine. Nothing contained herein shall be deemed to require authentication under the provisions of [section 3494 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3494&num=0&edition=prelim) of any such foreign documents which may otherwise be properly authenticated by law.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The testimony of any witness in a foreign country may be taken either on oral or written interrogatories, or on interrogatories partly oral and partly written, pursuant to a commission issued, as hereinafter provided, for the purpose of determining whether any foreign documents sought to be used in any criminal action or proceeding in any court of the United States are genuine, and whether the authentication requirements of the Federal Rules of Evidence are satisfied with respect to any such document (or the original thereof in case such document is a copy). Application for the issuance of a commission for such purpose may be made to the court in which such action or proceeding is pending by the United States or any other party thereto, after five days’ notice in writing by the applicant party, or his attorney, to the opposite party, or his attorney of record, which notice shall state the names and addresses of witnesses whose testimony is to be taken and the time when it is desired to take such testimony. In granting such application the court shall issue a commission for the purpose of taking the testimony sought by the applicant addressed to any consular officer of the United States conveniently located for the purpose. In cases of testimony taken on oral or partly oral interrogatories, the court shall make provisions in the commission for the selection as hereinafter provided of foreign counsel to represent each party (except the United States) to the criminal action or proceeding in which the foreign documents in question are to be used, unless such party has, prior to the issuance of the commission, notified the court that he does not desire the selection of foreign counsel to represent him at the time of taking of such testimony. In cases of testimony tak
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Federal law — U.S. Code and appendices · legal_authorities
Page 446
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1731
1 So in original. Does not conform to section catchline.
1 So in original. Probably should be ‘‘section’’.
bound by a settlement agreement or consent
decree in a class action if the class member
demonstrates that the notice required under
subsection (b) has not been provided.
(2) LIMITATION.—A class member may not
refuse to comply with or to be bound by a set-
tlement agreement or consent decree under
paragraph (1) if the notice required under sub-
section (b) was directed to the appropriate
Federal official and to either the State attor-
ney general or the person that has primary
regulatory, supervisory, or licensing authority
over the defendant.
(3) APPLICATION OF RIGHTS.—The rights cre-
ated by this subsection shall apply only to
class members or any person acting on a class
member’s behalf, and shall not be construed to
limit any other rights affecting a class mem-
ber’s participation in the settlement.
(f) RULE
OF CONSTRUCTION.—Nothing in this
section shall be construed to expand the author-
ity of, or impose any obligations, duties, or re-
sponsibilities upon, Federal or State officials.
(Added Pub. L. 109–2, § 3(a), Feb. 18, 2005, 119
Stat. 7.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable to any civil action commenced on
or after Feb. 18, 2005, see section 9 of Pub. L. 109–2, set
out as an Effective Date of 2005 Amendment note under
section 1332 of this title.
CHAPTER 115—EVIDENCE; DOCUMENTARY
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 intereste
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