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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 Such statutes are not superseded, however, and proof may also be made according to their provisions whenever they differ from this rule.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)

§ 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)

§ 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)

U. S. C., Title 28-Continued.

§ 676 (Extracts from Journals of Congress admissible when injunction of secrecy removed) § 677 (Copies of records in offices of United States consuls admissible)

§ 678 (Books and papers in certain district courts) § 679 (Records in clerks' offices, western district of North Carolina)

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)

§ 695e (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 District of Columbia, etc.)

§ 55 (Copies of supplements to Code of Laws of United States and of District of Columbia Code and supplements; conclusive evidence of original)

U. S. C., Title 5:

§ 490 (Records of Department of Interior; authenticated copies as evidence)

U. S. C., Title 6:

§7 (Surety Companies as sureties; appointment of agents; service of process)

U. S. C., Title 8:

§ 9a (Citizenship of children of persons naturalized under certain laws; repatriation of nativeborn women married to aliens prior to September 22, 1922; copies of proceedings) § 356 (Regulations for execution of naturalization laws; certified copies of papers as evidence)

§ 399b (d) (Certifications of naturalization records; authorization; admissibility as evidence)

U. S. C., Title 11:

§ 44 (d), (e), (f), (g) (Bankruptcy court proceed

ings and orders as evidence)

§ 204 (Extensions extended, etc.; evidence of con

firmation)

§ 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; authentication 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 evidence)

§ 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 evidence)

§ 412 (Documents filed with Federal Communications Commission as public records; prima facie evidence; confidential records)

U. S. C., Title 49:

§14 (3) (Interstate Commerce Commission reports and decisions; printing and distribution of copies)

§ 16 (13) (Copies of schedules, tariffs, etc. filed with Interstate Commerce Commission as evidence)

§ 19a (i) Valuation of property of carriers by Interstate 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, §§ 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., Tile 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

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