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Thursday, February 16, 2006

Congressionally Certified Copies

Have you ever had to get a copy of a document that was certified under acts of Congress? I have...twice in ten years. The first time was when I was in law school working for a law firm; the second time was the other day. You normally use this method of certification to obtain copies of out-of-state wills, birth certificates, and marriage licenses. When you call to get one, people will talk to you like you're crazy. Bottom line: Getting congressionally certified copies is not easy!

Why go to all this trouble you ask? Well, a congressionally certified copy of any document is entitled to be treated the same way in a foreign state as it would be in the state of its origin (i.e., for the most part, the documents are self-authenticating and not subject to exclusion based upon hearsay). This means that the congressionally certified copies are admissible. Sometimes you need to have them to prove your case, e.g., proof of a marriage, death, and so on.

The copies can be of judicial and non-judicial documents. See 28 U.S.C. §§ 1738, 1739.

Take a look at Sections 1738 and 1739. They can help you prove an element of your case.

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