SECTIONS 1953-1953.06 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1953-1953.06

1953. As used in this article "record" includes all or any part of
any judgment, decree, order, document, paper, process, or file.

1953.01. Whenever in any action or special proceeding, civil or
criminal, in any court of this State any record is lost, injured, or
destroyed by reason of conflagration or other public calamity, any
person interested therein may apply by a duly verified petition in
writing to the court for an order authorizing such defect to be
supplied by a duly certified copy of the original, where such copy
can be obtained.

1953.02. Upon notice given pursuant to Sections 1010 to 1020,
inclusive, of this code, and its being shown to the satisfaction of
the court that the record has been so lost, injured, or destroyed,
the court shall make an order that the certified copy shall
thereafter have the same effect in all respects as the original would
have had.

1953.03. Whenever in any action or special proceeding, civil or
criminal, in any court of this State any record is lost, injured, or
destroyed by reason of conflagration or other public calamity, and a
certified copy of the original cannot be supplied, any person
interested therein may make written application to the court,
verified by affidavit, showing such loss, injury, or destruction, and
that a certified copy of the record cannot be obtained by the person
making the application, and that such loss, injury, or destruction
occurred by conflagration, or other calamity, without the fault or
neglect of the person making the application, and that such loss,
injury, or destruction, unless supplied or remedied may result in
damage to the person making the application. Thereupon the court
shall cause notice of the application to be given pursuant to
Sections 1010 to 1020, inclusive, of this code.

1953.04. Upon the hearing if the court is satisfied that the
statements contained in the written application are true, it shall
make an order reciting the substance and effect of the lost, injured,
or destroyed record. The order shall have the same effect that the
original would have had if it had not been lost, injured, or
destroyed, so far as concerns the person making the application, and
the persons who have been notified, pursuant to Section 1953.03.

1953.05. The record in all cases where the proceeding is in rem,
including probate, guardianship, conservatorship, and insolvency
proceedings, may be supplied in like manner upon like notice to all
persons who have appeared therein, and upon notice by publication or
postings for not less than 10 days, as the court may order, to all
persons who have not appeared. When restored the record shall have
the same effect as the original upon all persons who have been
personally served with notice of the application, and as to all other
persons it shall be prima facie evidence of the contents of the
original.

1953.06. If an appeal to a reviewing court has been taken in any
action or special proceeding in any trial court in which the record
has been subsequently lost or destroyed by conflagration or other
public calamity and a transcript of such record has been filed in the
reviewing court, any person interested in the action or special
proceeding may obtain a certified copy of all or any portion of the
transcript from the clerk of the reviewing court and may file such
certified copy in the office of the clerk of the court from which the
appeal was taken. Thereupon the certified copy may be made the basis
of any further proceedings or processes in the trial court in such
action or special proceeding to all intents and purposes as if the
original record were on file.