§ 16-119-105 — Restoration of records in pending cases

(a) In case any matter or proceeding pending in the county court or circuit court of any county is still undisposed of, and the records or original papers on file in either of the county court or circuit court are lost, destroyed, or burned, any person or persons legally interested in any manner whatever in any such matters or proceedings may file a petition in the office of the clerk of the court in which the matter or proceeding is pending, addressed to the court, setting forth the nature and substance of the matter or proceedings, or of the original papers filed and lost, destroyed, or burned, and praying that the original papers may be reinstated upon the record. (b) Thereupon, if the court is satisfied and advised of the truth of the allegation in the petition, it shall order, adjudge, or decree that the original papers, pursuant to the allegation of the petitioner, be filed and reinstated upon the records of the court, to have the same force and effect and to relate back and take effect from the time when the original was filed or the original matter or proceedings were had. (c) No such order, judgment, or decree shall be made by any of the courts unless the applicant shall have given to the other party or parties interested or concerned in the matters or proceedings due notice of the intended application, according to the provisions regarding notice in § 16-119-104 .

Legislative History

Acts 1855, § 2, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8344, 8346; Pope's Dig., §§ 10938, 10940, 10942; A.S.A. 1947, §§ 16-404, 16-411, 16-412; Acts 2003, No. 1185, § 246.