8.01-394 - How contents of any such lost record, etc., proved. - Virginia Statutes

§ 8.01-394. How contents of any such lost record, etc., proved.

A. Any person desirous of proving the contents of any such book, record, orother paper as is mentioned in either § 8.01-392 or § 8.01-393, may filebefore the circuit court of the county or city in which such record, book, orother paper was a petition in writing, stating the nature of the record,book, or paper, the contents of which he desires to prove, and what personsmay be affected by such proof. Thereupon the court shall appoint a time andplace for proceeding on such petition, of which reasonable notice shall begiven by him to all parties named in such petition, or interested in theproceedings, and to any others who shall be known to the court, or who shallclaim to be so interested. If any party interested other than the petitioner,or who may be affected by the proof, be a person under a disability, thecourt shall appoint a guardian ad litem to represent his interest in theproceeding.

B. The evidence upon said petition shall be in writing and filed, and thecourt shall make such order in respect to such record, book, or other paper,or anything therein, as may be necessary to secure the benefits thereof tothe parties interested, or such other order as may be proper in the case.

Before such court shall make such order, the petitioner shall cause to beserved on the persons interested a notice in writing that he will apply forsuch order, in the manner provided by § 8.01-296, at least ten days beforesuch order is to be made; but if such persons, or any of them, do not residein this Commonwealth, or after due diligence cannot be found therein, anorder of publication may be issued as provided by §§ 8.01-316 and 8.01-317.

(Code 1950, §§ 8-282, 8-283; 1977, c. 617.)