§ 24-8-24 - Establishment of lost or destroyed paper in superior court -- Petition and affidavit; issuance and service of rule nisi - Georgia Statutes

O.C.G.A. 24-8-24 (2010)
24-8-24. Establishment of lost or destroyed paper in superior court -- Petition and affidavit; issuance and service of rule nisi

(a) The owner of a lost or destroyed paper which is not an office paper as defined in Code Section 24-8-20 who desires to establish the same shall present to the clerk of the superior court of the county where the maker of the paper resides, if the maker is a resident of this state, a petition in writing, together with a copy, in substance, of the paper lost or destroyed, as nearly as he can recollect, which copy shall be sworn to by the petitioner, his agent, or his attorney.

(b) Thereupon, the clerk shall issue a rule nisi in the name of the judge of the superior court, calling upon the opposite party to show cause, if he has any, why the copy sworn to should not be established in lieu of the lost or destroyed original. The rule shall be served personally upon the respondent by the sheriff, his deputy, or any constable of this state, if the respondent is found in this state, 20 days before the sitting of the court to which the rule nisi is made returnable. If the respondent cannot be found in this state, the rule shall be published in some public newspaper twice a month for two months before the final hearing of the rule.