§1734 Court Record Lost or Destroyed, Generally

Summary

A lost or destroyed federal court record can be replaced. If an official copy is held in another court, a person with a legal interest who is not at fault can use a copy signed by that court’s clerk instead. If no such copy exists, a person with an interest and not at fault can file a sworn request asking the court to recreate the record. The court must personally give every other interested person a copy of that request and a hearing date at least 60 days after they are served. Nonresidents can be served anywhere in the United States or in a foreign country; service abroad must be certified by a U.S. minister or consul under official seal. If the court finds the request true after the hearing, it will issue an order that states the substance and effect of the lost record, and that order has the same force as the original unless someone acquired rights in the meantime.