---
kind: "section"
citation: "2 U.S.C. § 392"
title: "2"
title_heading: "The Congress"
number: "392"
heading: "Record"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/2/392"
units:
  - "Chapter 12 — Contested Elections"
---

# §392. Record

- (a) **Hearing on papers, depositions, and exhibits—** Contested [election](/usc/2/381.md?p=1) cases shall be heard by the [committee](/usc/2/381.md?p=7) on the papers, depositions, and exhibits filed with the [Clerk](/usc/2/381.md?p=6). Such papers, depositions, and exhibits shall constitute the record of the case.
- (b) **Appendix to contestant’s brief—** [Contestant](/usc/2/381.md?p=3) shall print as an appendix to his brief those portions of the record which he desires the [committee](/usc/2/381.md?p=7) to consider in order to decide the case and such other portions of the record as may be prescribed by the rules of the [committee](/usc/2/381.md?p=7).
- (c) **Appendix to contestee’s brief—** [Contestee](/usc/2/381.md?p=4) shall print as an appendix to his brief those portions of the record not printed by [contestant](/usc/2/381.md?p=3) which [contestee](/usc/2/381.md?p=4) desires the [committee](/usc/2/381.md?p=7) to consider in order to decide the case.
- (d) **Contestant’s brief; service on contestee—** Within forty-five days after the time for both parties to take testimony has expired, [contestant](/usc/2/381.md?p=3) shall serve on [contestee](/usc/2/381.md?p=4) his printed brief of the facts and authorities relied on to establish his case together with his appendix.
- (e) **Contestee’s brief; service on contestant—** Within thirty days of service of [contestant](/usc/2/381.md?p=3)’s brief and appendix, [contestee](/usc/2/381.md?p=4) shall serve on [contestant](/usc/2/381.md?p=3) his printed brief of the facts and authorities relied on to establish his case together with his appendix.
- (f) **Reply brief of contestant—** Within ten days after service of [contestee](/usc/2/381.md?p=4)’s brief and appendix, [contestant](/usc/2/381.md?p=3) may serve on [contestee](/usc/2/381.md?p=4) a printed reply brief.
- (g) **Form of briefs; number of copies served and filed—** The form and length of the briefs, the form of the appendixes, and the number of copies to be served and filed shall be in accordance with such rules as the [committee](/usc/2/381.md?p=7) may prescribe.

## Source credit

(Pub. L. 91–138, § 13, Dec. 5, 1969, 83 Stat. 289.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
