§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 memorandum of which the same were made or kept.
(b) Properly authenticated copies or transcripts of any books, records, papers or documents 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, actions, and proceedings to which the Federal Rules of Evidence apply.
(June 25, 1948, ch. 646,
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,
The consolidation of sections 661–667 and 671 of title 28, U.S.C., 1940 ed., permitted omission of obsolete, unnecessary 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 production 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 Such plea is obsolete in Federal practice.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 judicially 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 principle 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.
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).
Federal Rules of Civil Procedure
Proof of official record, see rule 44, Appendix to this title.
Subpoena for production of documentary evidence, see rule 45.
Federal Rules of Criminal Procedure
Proof of official record, see rule 27, Title 18, Appendix, Crimes and Criminal Procedure.
Subpoena for production of documentary evidence, see rule 17.
Cross References
Authenticated and certified copy of Government record by Archivist admissible in evidence, see section 2116 of Title 44, Public Printing and Documents.
Authentication-
Copies of documents, etc., in the office of the Commissioner of Indian Affairs is made by section 6 of Title 25, Indians.
Original papers on file in the Bureau of Land Management are provided for by section 13 of Title 43, Public Lands.
Records by Secretary of the Interior, see section 1460 of Title 43.
Records of the Postal Service, see section 207 of Title 39, Postal Service.
Certified copies of schedules and tariffs of rates, etc., copies as evidence, see section 10303 of Title 49, Transportation.
Judicial notice of seals-
Departments of Commerce and Labor, see sections 1501 of Title 15, Commerce and Trade, and 551 of Title 29, Labor.
Department of Defense, see section 112 of Title 10, Armed Forces.
Departments of the Army, Air Force, and Navy, see sections 3012, 5012, and 8012 of Title 10.
Provisions relating to the requisites of the certificates of national banks, and the acknowledgment and filing thereof, are made by sections 22 and 23 of Title 12, Banks and Banking.
Secretary of the Interior is authorized to furnish transcripts of records in district land offices for individuals, and such transcripts, when duly certified, are made admissible as evidence by section 83 of Title 43, Public Lands.
Verification of official documents by Secretary of Agriculture, see section 2203 of Title 7, Agriculture.
Section Referred to in Other Sections
This section is referred to in title 31 section 704.