C.F.R. » Title 36 » CHAPTER XII—NATIONAL ARCHIVES AND RECORDS ADMINISTRATION › SUBCHAPTER B—RECORDS MANAGEMENT › PART 1235—TRANSFER OF RECORDS TO THE NATIONAL ARCHIVES OF THE UNITED STATES › Subpart A—General Transfer Requirements

36 C.F.R. § 1235.22

When does legal custody of records transfer to NARA?

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Legal custody of records passes from the agency to NARA when the appropriate NARA official signs the SF 258 acknowledging receipt of the records.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2020–2024 · leading case: Swick v. Ramberg (D.D.C. 2020).
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Swick v. Ramberg (D.D.C. 2020). · cites it 2× “36 CFR § 1235.22 (“Legal custody of records passes from the agency to [National Archives and Records Administration] when the appropriate [National Archives] official signs [a form] acknowledging receipt of records.”
Campo v. United States Nat'l Archives & Records Admin. (D.D.C. 2021). “at 6 (quoting 36 C.F.R. § 1235.22 ). But the absence of an SF 258 signature is an assertion of fact that is not contained in the Complaint or any document referenced or attached to the Complaint; nor is it a judicially noticeable fact.”
Stonehill v. Nat'l Archives & Records Admin. (D.D.C. 2024). “See 36 C.F.R. § 1235.22 ; see also Def’s Mot.”
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