Laws: Cases and Codes : U.S. Code : Title 28 : Section 2407
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U.S. Code as of:
01/19/04
Section 2407 - Notes
SOURCE
(June 25, 1948, ch. 646, 62 Stat. 972.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 781 (R.S. Sec. 957;
June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24).
Word "action" was substituted for "suit", in view of Rule 2 of
the Federal Rules of Civil Procedure.
Words "court requires the original instrument to be produced"
were substituted for "defendant pleads non est factum, verifying
such plea or motion by his oath, and the court thereupon requires
the production of the original bond, contract, or other paper
certified in the affidavit". The plea of non est factum is obsolete
under Rule 7(c) of the Federal Rules of Civil Procedure.
Furthermore, the words deleted are superfluous, since a court would
not require the production of an original instrument unless the
proper procedure were taken to require such production.
Changes were made in phraseology.
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