(June 25, 1948, ch. 646, 62 Stat. 958; Aug. 23, 1954, ch. 837, 68 Stat. 772; Pub. L. 85–508, § 12(o),July 7, 1958, 72 Stat. 349; Pub. L. 100–702, title X, § 1002(a), (b)(1),Nov. 19, 1988, 102 Stat. 4664; Pub. L. 101–647, title XXXVI, § 3628,Nov. 29, 1990, 104 Stat. 4965; Pub. L. 104–317, title II, § 203(a),Oct. 19, 1996, 110 Stat. 3849.)
Historical and Revision Notes
This section follows the recommendation of the Supreme Court’s Advisory Committee on Federal Rules of Civil Procedure (1937) which included the following rule:
77. Registration of judgments in other district courts. A judgment entered in any district court and which has become final through expiration of the time for appeal or by mandate on appeal may be registered in any other district court by filing therein an authenticated copy of the judgment. When so registered the judgment shall have the same effect and like proceedings for its enforcement may be taken thereon in the court in which it is registered as if the judgment had been originally entered by that court. If in the court in which the judgment was originally entered, the judgment has been satisfied in whole or in part or if an order has been made modifying or vacating it or affecting or suspending its operation, the party procuring the registration shall and any other party may file authenticated copies of the satisfaction or order with the court in which the judgment is registered. This rule shall not be construed to limit the effect of the Act of February 20, 1905, c. 592, § 20 (33 Stat. 729
), as amended, U.S.C., title
, § 100; or the Act of March 4, 1909, c. 320, §§ 36 and
37 (35 Stat. 1084
), U.S.C., title
, §§ 36 and37; or § 56 of the Judicial Code, U.S.C., title
, § 117; or to authorize the registration elsewhere of an order or a judgment rendered in a divorce action in the District of Columbia.”
of this title provides for the registration of judgments of the Court of Claims in favor of the United States in any district. See, also, section
of this title.
The phrase “for the recovery of money or property” was not in the committee’s draft of Rule 77 of Federal Rules of Civil Procedure but was inserted in the revised section to exclude judgments in divorce actions, and any other actions, the registration of which would serve no useful purpose.
1996—Pub. L. 104–317
in section catchline substituted “for enforcement in other districts” for “of the district courts and the Court of International Trade”, in first undesignated par. substituted “court of appeals, district court, bankruptcy court,” for “district court” and “copy of the judgment” for “copy of such judgment”, and added undesignated par. at end.
1990—Pub. L. 101–647
inserted after first sentence “Such a judgment entered in favor of the United States may be so registered any time after judgment is entered.”
1988—Pub. L. 100–702
substituted “Registration of judgments of the district courts and the Court of International Trade” for “Registration in other districts” in section catchline and amended first sentence generally. Prior to amendment, first sentence read as follows: “A judgment in an action for the recovery of money or property now or hereafter entered in any district court which has become final by appeal or expiration of time for appeal may be registered in any other district by filing therein a certified copy of such judgment.”
1958—Pub. L. 85–508
struck out provisions which extended provisions of section to District Court for Territory of Alaska. See section
of this title which establishes a United States District Court for the State of Alaska.
1954—Act Aug. 23, 1954, extended provisions of section to District Court for Territory of Alaska.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–647
effective 180 days after Nov. 29, 1990, see section 3631 ofPub. L. 101–647
, set out as an Effective Date note under section
of this title.
Effective Date of 1988 Amendment
Pub. L. 100–702
, title X, § 1002(c),Nov. 19, 1988, 102 Stat. 4665
, provided that: “The amendments made by this section [amending this section and repealing section
of this title] take effect 90 days after the date of enactment of this title [Nov. 19, 1988].”
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–508
effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
, 73 Stat. c16, as required by sections 1 and 8(c) ofPub. L. 85–508
, see notes set out under section
of this title and preceding section
, Territories and Insular Possessions.