Page images
PDF
EPUB

See Rule 61 for harmless error in either the admission or exclusion of evidence.

Note to Subdivision (d). See Equity Rule 78 (Affirmation in Lieu of Oath) and U. S. C., Title 1, $ 1 (Words importing singular number, masculine gender, etc.; extended application), providing for affirmation in lieu of oath. Rule 44. Proof of Official Record.

This rule provides a simple and uniform method of proving public records, and entry or lack of entry therein, in all cases including those specifically provided for by statutes of the United States. Such statutes are not superseded, however, and proof may also be made according to their provisions whenever they differ from this rule. Some of those statutes are: U. S. C., Title 28: $ 661 (Copies of department or corporation records

and papers; admissibility; seal) § 662 (Same; in office of General Counsel of the

Treasury) § 663 (Instruments and papers of Comptroller of

Currency; admissibility) $ 664 (Organization certificates of national banks;

admissibility) $ 665 (Transcripts from books of Treasury in suits

against delinquents; admissibility) 8 666 (Same; certificate by Secretary or Assistant

Secretary) $ 670 (Admissibility of copies of statements of

demands by Post Office Department) $ 671 (Admissibility of copies of post office records

and statement of accounts) $ 672 (Admissibility of copies of records in General

Land Office) 8 673 (Admissibility of copies of records, and so

forth, of Patent Office) $ 674 (Copies of foreign letters patent as prima

facie evidence) § 675 (Copies of specifications and drawings of

patents admissible)

officemain distri

4 Carol

U.S. C., Title 28—Continued. $ 676 (Extracts from Journals of Congress admis

sible when injunction of secrecy removed) $ 677 (Copies of records in offices of United States

consuls admissible) 8 678 (Books and papers in certain district courts) $ 679 (Records in clerks' offices, western district

of North Carolina) 8 680 (Records in clerks' offices of former district

of California) $ 681 (Original records lost or destroyed; certified

copy admissible) $ 682 (Same; when certified copy not obtainable) § 685 (Same; certified copy of official papers) § 687 (Authentication of legislative acts; proof of

judicial proceedings of State) $ 688 (Proofs of records in offices not pertaining

to courts) § 689 (Copies of foreign records relating to land

titles) § 695 (Writings and records made in regular

course of business; admissibility) $ 6950 (Foreign documents on record in public

offices; certification) U. S. C., Title 1: $ 30 (Statutes at large; contents; admissibility in

evidence) $ 30a (“Little and Brown's” edition of laws and

treaties competent evidence of Acts of

Congress) $ 54 (Codes and supplements as establishing prima

facie the laws of United States and Dis

trict of Columbia, etc.)
§ 55 (Copies of supplements to Code of Laws of

United States and of District of Columbia
Code and supplements; conclusive evi-

dence of original) U. S. C., Title 5: § 490 (Records of Department of Interior; au

thenticated copies as evidence)

dence)

$3996 (d) c

provis:

s c., Title 11:

See Rule 61 for harmless error in eithr exclusion of evidence.

pointment of Note to Subdivision (d). See Equ’ in Lieu of Oath) and U. S. C., T* ;' singular number, masculine gre persons naturalized tion), providing for affirmat Lepatriation of nativeRule 44. Proof of Off

ried to aliens prior to

922; copies of proceedings) This rule provide

cur execution of naturalization public records, " , certified copies of papers as evicases includir of the Uni

j (Certifications of naturalization records; however

authorization; admissibility as evi

dence) the A (d), (e), (f), (g) (Bankruptcy court proceed

ings and orders as evi

dence) $ 204 (Extensions extended, etc.; evidence of con

firmation) 8 207 (j) (Corporate reorganizations; certified copy

of decree as evidence) U. S. C., Title 15: § 127 (Trade-mark records in Patent Office; copies

as evidence) U. S. C., Title 20: $ 52 (Smithsonian Institution; evidence of title to

site and buildings) U. S. C., Title 25: $ 6 (Bureau of Indian Affairs; seal; authenticated

and certified documents; evidence) U. S. C., Title 31: $ 46 (Laws governing General Accounting Office;

copies of books, records, etc., thereof as

evidence) U. S. C., Title 38: $ 11g (Seal of Veterans' Administration; authenti

cation of copies of records)

U.S. C., Title 40:
$ 238 (National Archives; seal; reproduction of

archives; fee; admissibility in evidence of

reproductions) § 270c (Bonds of contractors for public works;

right of person furnishing labor or material

to copy of bond) U. S. C., Title 43: $$ 57–59 (Copies of land surveys, etc., in certain

states and districts admissible as evi

dence) $ 83 (General Land Office registers and receivers;

• transcripts of records as evidence) U. S. C., Title 46: § 823 (Records of Maritime Commission; copies;

· publication of reports; evidence) U. S. C., Title 47: $ 154 (m) (Federal Communications Commission;

copies of reports and decisions as evi

dence) § 412 (Documents filed with Federal Communica

tions Commission as public records; prima

facie evidence; confidential records) U. S. C., Title 49: § 14 (3) (Interstate Commerce Commission reports

and decisions; printing and distribu

tion of copies) § 16 (13) (Copies of schedules, tariffs, etc. filed

with Interstate Commerce Commis

sion as evidence) § 19a (i) Valuation of property of carriers by Inter

state Commerce Commission; final

published valuations as evidence) Rule 45. Subpoena.

This rule applies to subpoenas ad testificandum and duces tecum issued by the district courts for attendance at a hearing or a trial, or to take depositions. It does not apply to the enforcement of subpoenas issued by administrative officers and commissions pursuant to statutory authority. The enforcement of such subpoenas by the district courts is regulated by appropriate statutes. Many of these statutes do not place any territorial limits on the validity of subpoenas so issued, but provide that they may be served anywhere within the United States. Among such statutes are the following:

U. S. C., Title 7, 88 222 and 511n (Secretary of Agri

culture) U. S. C., Title 15, § 49 (Federal Trade Commission) U.S. C., Title 15, $$ 77v (b), 78u (c), 79r (d) (Securities

and Exchange Commission)
U. S. C., Title 16, $$ 797 (g) and 825f (Federal Power

Commission)
U. S. C., Title 19, § 1333 (b) (Tariff Commission)
U. S. C., Title 22, $$ 268, 270d and 270e (International

Commissions, etc.)
U.S. C., Title 26, $$ 614, 619 (b) (Board of Tax Appeals)
U. S. C., Title 26, § 1523 (a) (Internal Revenue Officers)
U.S. C., Title 29, § 161 (Labor Relations Board)
U. S. C., Title 38, $ 506 (Secretary of War)
U. S. C., Title 35, $$ 54-56 (Patent Office proceedings)
U. S. C., Ti’le 38, § 133 (Veterans' Administration)
U. S. C., Title 41, § 39 (Secretary of Labor)
U.S. C., Title 45, § 157 Third. (h) (Board of Arbitration

under Railway Labor Act)
U. S. C., Title 45, $ 222 (b) (Investigation Commission

under Railroad Retirement Act of 1935) U. S. C., Title 46, § 1124 (b) (Maritime Commission) U. S. C., Title 47, § 409 (c) and (d) (Federal Communi

cations Commission) U.S. C., Title 49, § 12 (2) and (3) (Interstate Commerce

Commission) U. S. C., Title 49, § 173a (Secretary of Commerce) Note to Subdivisions (a) and (b). These simplify the form of subpoena as provided in U. S. C., Title 28, § 655 (Witnesses; subpoena; form; attendance under); and broaden U. S. C., Title 28, $ 636 (Production of books and writings) to include all actions, and to extend to any person. With the provision for relief from an oppressive or unreasonable subpoena duces tecum, compare N. Y. C. P. A. (1937) $ 411.

Note to Subdivision (c). This provides for the simple and convenient method of service permitted under many state

« PreviousContinue »