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.
Based on title 28, U.S.C., 1940 ed., §§ 10,
523b, (Mar. 3, 1911, ch. 231, § 6,36 Stat. 1088; June 3, 1930, ch. 396, §§ 1,
2,46 Stat. 496).
Section consolidates and simplifies sections
523b of title
28, U.S.C., 1940 ed., relating to filing district court records and destroying obsolete papers and bankruptcy proofs of claims.
The revised section enlarges scope of section
10 of title
28, U.S.C., 1940 ed., to include places of keeping records of courts of appeals which was not covered by existing law.
The provisions in section
10 of title
28, 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 section
332 of this title as to purpose and duties of the judicial councils.
The provision of section
523a of title
28, 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 section
604 of this title, 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A similar provision with respect to records of United States attorneys and marshals was omitted as superseded by sections
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.
References in Text
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44, referred to in text, were repealed and the provisions thereof reenacted as chapter 33 (§ 3301 et seq.)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 Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1238.
1978—Pub. L. 95–598directed the amendment of section by inserting “of bankruptcy courts,” after “The record”, which amendment did not become effective pursuant to section 402(b) ofPub. L. 95–598, as amended, set out as an Effective Date note preceding section
101 of Title
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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