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A six-stage process for recovery of public records: replevin and the state of North Carolina

Mattern, E (2016) A six-stage process for recovery of public records: replevin and the state of North Carolina. Archival Science, 16 (2). 195 - 212. ISSN 1389-0166

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Abstract

© 2015, Springer Science+Business Media Dordrecht. To archivists and manuscript collectors and dealers, the term replevin describes governmental efforts to recover public records that are in the custody of a private party. Much of the existing writing on replevin and records focuses on the small number of court decisions regarding custody. More commonly, however, disputes concerning the ownership of records are settled between a government archives and a private party. Drawing upon active records, archival materials, and interviews with public officials, this article examines these quieter recovery cases alongside those that have resulted in a court decision and, in doing so, puts forth a representation of the replevin process. There are three layers to replevin presented in this article. First, this article outlines the general shape to the replevin process and presents a six-stage model that characterizes recovery efforts in the USA. The second layer focuses on the state of North Carolina and builds upon the six-stage model to identify common practices in each stage. The article then presents an individual example of recovery of a public record in North Carolina and, with this layer, considers what this narrative reveals about replevin.


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Details

Item Type: Article
Status: Published
Creators/Authors:
CreatorsEmailPitt UsernameORCID
Mattern, Eemm100@pitt.eduEMM1000000-0002-0421-0983
Date: 1 January 2016
Date Type: Publication
Access Restriction: No restriction; Release the ETD for access worldwide immediately.
Journal or Publication Title: Archival Science
Volume: 16
Number: 2
Page Range: 195 - 212
DOI or Unique Handle: 10.1007/s10502-015-9241-9
Institution: University of Pittsburgh
Schools and Programs: School of Information Sciences > Library and Information Science
Refereed: Yes
ISSN: 1389-0166
Date Deposited: 24 Jun 2015 13:39
Last Modified: 02 Feb 2019 16:57
URI: http://d-scholarship.pitt.edu/id/eprint/25454

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