§1734 Court record lost or destroyed, generally

Summary

A lost or destroyed record from a U.S. court can be replaced. If any court already has a true copy, the clerk of that court can certify a copy to take the place of the lost record. If no certified copy exists, a person with an interest in the case who is not at fault can file a sworn request with the court to re-create the record. Other interested people must be personally given a copy and told the hearing date at least 60 days before the hearing. A nonresident can be served anywhere in the United States or in a foreign country, and service abroad must be certified by a U.S. minister or consul under seal. If the court finds the request truthful after the hearing, it will issue an order stating what the lost record said. That order has the same effect as the original record, except for any rights others acquired in the meantime.