8.01-374 - Procedure when original papers in cause are lost. - Virginia Statutes

§ 8.01-374. Procedure when original papers in cause are lost.

If in any case the original papers therein, or any of them, or the record foror in an appellate court, or any paper filed or connected with such record,be lost or destroyed, any party to such case may present to the court whereinthe case is, or in which it would or ought to be, but for such loss ordestruction, a petition verified by affidavit stating such loss ordestruction, and praying that such case be heard and determined or tried onthe reproduction of such record or papers, or satisfactory proof of theircontents. Upon such petition and an authenticated copy of what is lost ordestroyed, the court may hear and determine the case, or proceed to a trialthereof, if before a jury. The court may also hear and determine the case, orproceed to the trial thereof, if before a jury, upon proof, after reasonablenotice to the parties interested, of the contents of such record or papers,or so much thereof, as may be necessary for a decision by the court, or by ajury, and may make such order or decree as if the papers or any of them hadnot been lost or destroyed.

The court may in its discretion, require new pleadings to be made up in wholeor in part.

A plaintiff instead of proceeding under this section may commence andprosecute a new suit for the same matter; and no certified copy of any deed,will, account, or other original paper required by law to be recorded shallbe used by any party as evidence for him, in any case when the original deed,will, account, or other original paper or record thereof has been destroyed,until such copy has been properly admitted to record, according to law. Thissection shall not apply to criminal cases.

(Code 1950, § 8-209; 1977, c. 617.)