28 USC § 1449 - State court record supplied

---
identifier: "/us/usc/t28/s1449"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 1449 - State court record supplied"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "1449"
section_name: "State court record supplied"
chapter_number: 89
chapter_name: "DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS"
part_number: "IV"
part_name: "JURISDICTION AND VENUE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 646, 62 Stat. 940; May 24, 1949, ch. 139, § 85, 63 Stat. 102.)"
---


# § 1449. State court record supplied

Where a party is entitled to copies of the records and proceedings in any suit or prosecution in a State court, to be used in any district court of the United States, and the clerk of such State court, upon demand, and the payment or tender of the legal fees, fails to deliver certified copies, the district court may, on affidavit reciting such facts, direct such record to be supplied by affidavit or otherwise. Thereupon such proceedings, trial, and judgment may be had in such district court, and all such process awarded, as if certified copies had been filed in the district court.

---

**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 940; May 24, 1949, ch. 139, § 85, 63 Stat. 102.)

### Historical and Revision Notes

### 1948 Act

Based on title 28, U.S.C., 1940 ed., § 78 (, ).

Changes were made in phraseology.

### 1949 Act

This section corrects a typographical error by eliminating from , U.S.C., the words “any attachment or sequestration of the”, which had been inadvertently included, and inserting in lieu thereof the words, “and the clerk of such State court, upon”.

## Editorial Notes

### Amendments

1949—Act , substituted “and the clerk of such State court, upon” for “any attachment or sequestration of the”.