The records of district courts and of courts of appeals shall be kept at one or more of the places where court is held. Such places shall be designated by the respective courts except when otherwise directed by the judicial council of the circuit.
Papers of any court established by Act of Congress which have become obsolete and are no longer necessary or useful, may be disposed of with the approval of the court concerned in the manner provided by sections 366–380 of Title 44 and in accordance with the rules of the Judicial Conference of the United States.
June 25, 1948, ch. 64662 Stat. 908Pub. L. 95–598, title II, § 21692 Stat. 2661(, ; , , .)
Historical and Revision Notes
Mar. 3, 1911, ch. 231, § 636 Stat. 1088June 3, 1930, ch. 39646 Stat. 496Based on title 28, U.S.C., 1940 ed., §§ 10, 523a, 523b, (, ; , §§ 1, 2, ).
Section consolidates and simplifies sections 10, 523a and 523b of title 28, U.S.C., 1940 ed., relating to filing district court records and destroying obsolete papers and bankruptcy proofs of claims.
section 10 of title 28The revised section enlarges scope of , U.S.C., 1940 ed., to include places of keeping records of courts of appeals which was not covered by existing law.
section 10 of title 28section 332 of this titleThe provisions in , U.S.C., 1940 ed., that where court is held “at more than one place” and the place of keeping the records “is not specially provided by law, they shall be kept at either of the places” designated by the court, was changed to permit the judicial councils of the circuits to make the determination without requiring special enactment of Congress. See as to purpose and duties of the judicial councils.
section 523a of title 28section 604 of this titleThe provision of , U.S.C., 1940 ed., authorizing destruction of records by the Attorney General was rewritten in the second paragraph to give such authority, respecting court records, to the Director of the Administrative Office of the United States Courts. Such Director, under , now exercises administrative authority over clerks and commissioners.
A similar provision with respect to records of United States attorneys and marshals was omitted as superseded by sections 366 and 380 of title 44, U.S.C., 1940 ed., Public Printing and Documents, which prescribe the exclusive method for disposition of such papers.
Substantial changes were made in phraseology and arrangement.
Editorial Notes
References in Text
Pub. L. 90–62082 Stat. 1238Sections 366–380 of Title 44, referred to in text, were repealed and the provisions thereof reenacted as chapter 33 (§ 3301 et seq.) of Title 44, Public Printing and Documents, by , , .
Amendments
Pub. L. 95–598section 402(b) of Pub. L. 95–598section 101 of Title 111978— directed the amendment of section by inserting “of bankruptcy courts,” after “The record”, which amendment did not become effective pursuant to , as amended, set out as an Effective Date note preceding , Bankruptcy.