§ 13-1-104 — Application for new order or record

When the loss or destruction
of any record or part thereof has happened, and such defects cannot be supplied as
provided in section 13-1-103, any party or person interested therein may make a
written application to the court to which such record belonged, verified by affidavit,
showing the loss or destruction thereof, and that certified copies thereof cannot be
obtained by the party or person making such application, and the substance of the
record so lost or destroyed, and that the loss or destruction occurred without the
fault or negligence of the party or person making such application, and that the
loss or destruction of the record, unless supplied, will or may result in damage to
the party or person making such application. The court shall cause said application
to be entered of record in said court, and due notice of said application shall be
given by personal service of summons or by publication as in other cases; except
that, in cases in which publication is required, the court may direct by order, to be
entered of record, the form of the notice, and designate the newspaper in which the
same shall be published. If, upon such hearing, said court is satisfied that the
statements contained in said application are true, the court shall make an order
embracing the substance and effect of the lost or destroyed record, which order
shall be entered of record in said court and have the same effect which the original
record would have had if the same had not been lost or destroyed insofar as
concerns the party or person making such application and the persons who had
been notified, as provided for in this section. The record in all cases where the
proceeding was in rem and no personal service was had may be supplied upon like
notice, as nearly as may be, as in the original proceeding.

Legislative History

Source: L. 1889: p. 108, � 2. R.S. 08: � 1397. C.L. � 5615. CSA: C. 46, � 6. CRS 53: � 37-1-5. C.R.S. 1963: � 37-1-5.