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.
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.
Structure Colorado Code
Title 13 - Courts and Court Procedure
Article 1 - General Provisions
Part 1 - Administrative Provisions
§ 13-1-101. Clerks Shall Keep Record Books
§ 13-1-102. Entries in Records
§ 13-1-103. Lost or Destroyed Records
§ 13-1-104. Application for New Order or Record
§ 13-1-105. Procedure Where Probate Records Destroyed
§ 13-1-106. Certified Copy of Record in Supreme Court or Court of Appeals
§ 13-1-107. Costs of Replacement
§ 13-1-108. Judge May Order Adjournment
§ 13-1-109. Court May Appoint Trustee
§ 13-1-110. Appeal Bond Defective or Insufficient
§ 13-1-112. Clerk to Keep Seal
§ 13-1-113. Seal - How Attached
§ 13-1-115. Courts May Issue Proper Writs
§ 13-1-116. Courts Sit at County Seat
§ 13-1-119. Judgment Record and Register of Actions Open for Inspection
§ 13-1-119.5. Electronic Access to Name Index and Register of Actions
§ 13-1-120. Proceedings in English - Abbreviations
§ 13-1-121. Action Not Affected by Vacancy
§ 13-1-122. When Judge Shall Not Act Unless by Consent
§ 13-1-123. Transfer of Civil Actions
§ 13-1-123.5. Transfer of Venue - Actions Involving Related Persons
§ 13-1-124. Jurisdiction of Courts
§ 13-1-125. Service of Process
§ 13-1-127. Entities - School Districts - Legislative Declaration - Representation - Definitions
§ 13-1-128. Confidentiality of Decisions of Courts of Record - Violations - Penalties - Repeal
§ 13-1-129. Preferential Trial Dates
§ 13-1-130. Reports of Convictions to Department of Education
§ 13-1-131. Speedy Trial Option in Civil Actions
§ 13-1-132. Use of Interactive Audiovisual Devices in Court Proceedings
§ 13-1-133. Use of Recycled Paper
§ 13-1-134. Court Automation System - Juvenile or Domestic Actions
§ 13-1-136. Civil Protection Orders - Single Set of Forms
§ 13-1-137. Reporting of Data Concerning Juvenile Proceedings
§ 13-1-138. Notification of Court Reminder Program
§ 13-1-139. Court Limitations on Medication-Assisted Treatment - Prohibited