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

A six-stage process for recovery of public records: replevin and the state of North Carolina 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Archival Science Springer Journals

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

Mattern, Eleanor
Archival Science , Volume 16 (2) – Jan 21, 2015
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References (32)

Publisher
Springer Journals
Copyright
Copyright © 2015 by Springer Science+Business Media Dordrecht
Subject
Cultural and Media Studies; Library Science; Organization; Information Storage and Retrieval; Anthropology; Cultural Heritage; Computer Appl. in Arts and Humanities
ISSN
1389-0166
eISSN
1573-7519
DOI
10.1007/s10502-015-9241-9
Publisher site
See Article on Publisher Site

Abstract

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.

Journal

Archival Science – Springer Journals

Published: Jan 21, 2015

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