28 U.S.C. § 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.
Notes of Decisions
Cited in 3
cases, 1964–2020 · leading case: Rawls v. Ryder Truck Rental, Inc.
Rawls v. Ryder Truck Rental, Inc. (1964)
“Title 28 U.S.C.A. § 1449 was not invoked, but provides: '"State court record supplied.”
Jones v. 24 Hour Fitness USA, Inc. (2020)
“” 28 USC § 1449 . The former simply describes procedure in the federal court after removal, indicating that the court “may require the removing party to file with its clerk copies of all records and proceedings in such State court .”
Smith v. Philadelphia Police 39th Dist. Spec. Invest. Squad (1969)
“Before the Court in the above-entitled action are plaintiff’s Motion for Judgment on the Pleadings Under Rules 12(c) and 12(d) and Motion for Records Under 28 U.S.C.A. § 1449 and for Defendant’s and Deponent’s Answer to Interrogatories Under Rule 37(a).”
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