Alabama § 12-20-28 Substitution of Lost, Etc., Papers or Records in Civil Cases - How Made - in Pending Action or Proceeding

Alabama Statutes

§ 12-20-28 — Substitution of Lost, Etc., Papers or Records in Civil Cases - How Made - in Pending Action or Proceeding

Alabama·Title 12 Courts·Ch. 20 Judicial and Other Public Records·Art. 2 Judicial Records

If the action or proceeding in which the substitution of a lost, mislaid, destroyed or mutilated original paper is proposed is pending and undetermined, the substitution must be made on notice of not less than one day to the adverse party or his attorney of record, if he has such an attorney, accompanied with a copy of the paper offered in substitution; but, if such adverse party or his attorney of record does not reside in the county, notice may be given by the filing of the paper and the entry of a motion to substitute, or the filing of such motion, for one day prior to the making thereof. On the hearing of such motion, affidavits and counter affidavits may be received as to the correctness of the proposed substitute.

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If the action or proceeding in which the substitution of a lost, mislaid, destroyed or mutilated original paper is proposed is pending and undetermined, the substitution must be made on notice of not less than one day to the adverse party or his attorney of record, if he has such an attorney, accompanied with a copy of the paper offered in substitution; but, if such adverse party or his attorney of record does not reside in the county, notice may be given by the filing of the paper and the entry of a motion to substitute, or the filing of such motion, for one day prior to the making thereof. On the hearing of such motion, affidavits and counter affidavits may be received as to the correctness of the proposed substitute.

Alabama § 12-20-28 (Substitution of Lost, Etc., Papers or Records in Civil Cases - How Made - in Pending Action or Proceeding) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.