§ 5-15-2-6 — Affidavit for reinstatement; stay of proceedings

Indiana § 5-15-2-6

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 15: PRESERVATION OF PUBLIC RECORDS
• Ch. 2: Reinstatement of Destroyed Records

Text

In all actions pending on March 9, 1881, or that
may be commenced after March 9, 1881, in any court of record in this
state, any party thereto may, on application to such court verified by
affidavit, show that any record, bond, execution, order of sale, or other
writ or the returns thereon, or any other paper of the record or files of
any court in this state necessary to be used in evidence in such cause
has been lost or destroyed, in whole or in part, without his fault or
neglect, which affidavit shall show the competency and necessity of the
same as evidence in the cause, and that the same has not been
reinstated, and such court shall, unless the adverse party will admit on
the trial the facts stated in such affidavit, stay all proceedings for a
reasonable time, that said destroyed record, in whole or in part, may be
reinstated, the court shall, upon cause shown, grant further and
additional time for the reinstatement of such record; but the trial of
such action shall not be delayed more than one (1) year for such
reinstatement, and to expedite the reinstatement of the same the court
may, on motion of either party, refer the question of such destruction
and reinstatement, as shown in such affidavit, to a master
commissioner to be appointed by the court to hear, examine, and take
all the evidence and report fully all the facts in writing to the court, as
provided for in this chapter.
Formerly: Acts 1881, c.30, s.6. As amended by P.L.25-1986,
SEC.85.