28 U.S.C. § 1732 — Record made in regular course of busi-

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 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 Repealed.] 1743.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 Trade- mark Office documents generally.1 1745. Copies of foreign patent documents. 1746. Unsworn declarations under penalty of per- jury. Editorial Notes AMENDMENTS 1999—Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(15)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–584, which directed the amendment of item 1744 by sub- stituting ‘‘United States Patent and Trademark Office’’ for ‘‘Patent Office’’, was executed by making the sub- stitution for ‘‘patent office’’ to reflect the probable in- tent of Congress. 1996—Pub. L. 104–199, § 2(b), Sept. 21, 1996, 110 Stat. 2419, added item 1738C. 1994—Pub. L. 103–383, § 3(b), Oct. 20, 1994, 108 Stat. 4066, added item 1738B. 1980—Pub. L. 96–611, § 8(b), Dec. 28, 1980, 94 Stat. 3571, added item 1738A. 1976—Pub. L. 94–550, § 1(b), Oct. 18, 1976, 90 Stat. 2534, added item 1746. 1964—Pub. L. 88–619, §§ 5(b), 6(b), 7(b), Oct. 3, 1964, 78 Stat. 996, substituted ‘‘official documents’’ for ‘‘docu- ments generally; copies’’ in item 1741, inserted ‘‘[Re- pealed]’’ in item 1742, and substituted ‘‘documents’’ for ‘‘specifications and drawings’’ in item 1745. 1951—Act Aug. 28, 1951, ch. 351, § 2, 65 Stat. 206, in- serted ‘‘; photographic copies’’ in item 1732. 1949—Act May 24, 1949, ch. 139, § 92(a), 63 Stat. 103, struck out item 1745 ‘‘Printed copies of patient speci- fications and drawings’’ and renumbered item 1746 as 1745. § 1731. Handwriting The admitted or proved handwriting of any person shall be admissible, for purposes of com- parison, to determine genuineness of other handwriting attributed to such person. (June 25, 1948, ch. 646, 62 Stat. 945.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 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. § 1732. Record made in regular course of busi- ness; photographic copies If any business, institution, member of a pro- fession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memo- randum, writing, entry, print, representation or combination thereof, of any act, transaction, oc- currence, 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 photo- graphic, photostatic, microfilm, micro-card, miniature photographic, or other process which accurately reproduces or forms a durable me- dium for so reproducing the original, the origi- nal 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, en- largement, or facsimile does not preclude admis- sion of the original. This subsection 1 shall not be construed to exclude from evidence any docu- ment or copy thereof which is otherwise admis- sible under the rules of evidence. (June 25, 1948, ch. 646, 62 Stat. 945; Aug. 28, 1951, ch. 351, §§ 1, 3, 65 Stat. 205, 206; Pub. L. 87–183, Page 447 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1735 Aug. 30, 1961, 75 Stat. 413; Pub. L. 93–595, § 2(b), Jan. 2, 1975, 88 Stat. 1949.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 695 (June 20, 1936, ch. 640, § 1, 49 Stat. 1561). Changes in phraseology were made. Editorial Notes 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, oc- currence, or event if made in the regular course of busi- ness, and struck out designation ‘‘(b)’’ preceding re- mainder 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, § 3, inserted reference to pho- tographic copies in section catchline. Subsecs. (a), (b). Act Aug. 28, 1951, § 1, designated ex- isting provisions as subsec. (a) and added subsec. (b). § 1733. Government records and papers; copies (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 memo- randum of which the same were made or kept. (b) Properly authenticated copies or tran- scripts of any books, records, papers or docu- ments 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, ac- tions, and proceedings to which the Federal Rules of Evidence apply. (June 25, 1948, ch. 646, 62 Stat. 946; Pub. L. 93–595, § 2(c), Jan. 2, 1975, 88 Stat. 1949.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 661–667, 671 (R.S. §§ 882–886, 889; July 31, 1894, ch. 174, §§ 17, 22, 28 Stat. 210; Mar. 2, 1895, ch. 177, § 10, 28 Stat. 809; June 10, 1921, ch. 18, §§ 301, 302, 304, 310, 42 Stat. 23–25; May 10, 1934, ch. 277, § 512, 48 Stat. 758; June 19, 1934, ch. 653, § 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, un- necessary 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 pro- duction 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 ju- dicially 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 prin- ciple 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. Editorial Notes REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subsec. (c), are set out in the Appendix to this title. AMENDMENTS 1975—Subsec. (c). Pub. L. 93–595 added subsec. (c). § 1734. Court record lost or destroyed, generally (a) A lost or destroyed record of any pro- ceeding in any court of the United States may be supplied on application of any interested party not at fault, by substituting a copy cer- tified by the clerk of any court in which an au- thentic 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 estab- lishing 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 any- where 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 sub- stance 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. (June 25, 1948, ch. 646, 62 Stat. 946.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 681, 682, 683, and 684 (R.S. §§ 899, 900, 901, 902; Jan. 31, 1879, ch. 39, § 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. § 1735. Court record lost or destroyed where United States interested (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