1. The proceeding provided in NRS 239.160 for the restoration of lost records shall be begun by filing a complaint in the court having jurisdiction thereof as provided in this chapter, setting forth:
(a) The nature, character and substance of the instrument and record thereof so lost or destroyed.
(b) The date of the loss or destruction as near as may be.
(c) The office in which the instrument was originally recorded, with the date when the same was originally filed for record as near as may be.
(d) That the restoration of such records is necessary to secure the legal rights of the applicant, or of some other person for whose benefit the application is made.
2. The complaint shall be verified in the manner provided for the verification of pleadings in other civil actions.
3. Summons shall issue, and actual service thereof, or service by publication, shall be made upon all persons interested in or affected by the original instrument or record in the manner provided by law for the commencement of civil actions; but the parties may waive the issuing or service of summons and enter their appearance to such application.
4. Upon hearing the application without further pleadings, if the court or judge finds that such instrument and the record thereof have been lost or destroyed and that such instrument, record or certified copy thereof cannot be found or produced by the applicant in the proceeding, and the court or judge is enabled by the evidence produced to find the substance of the instrument or record, an order and decree shall be made setting forth the interest or record according to its substance and effect, and requiring the proper officer to reproduce such record which shall recite the substance and effect of the lost or destroyed record, or part thereof, as found by the order and decree. Such record shall have the same effect as the original record would have if the same had not been lost or destroyed, so far as it concerns the rights of the applicant, or person or parties so served with summons or entering their appearance, or persons claiming under them by title acquired subsequently to the filing of the application.
[1911 CPA § 692; RL § 5634; NCL § 9181]
Structure Nevada Revised Statutes
NRS 239.001 - Legislative findings and declaration.
NRS 239.0103 - Privatization contracts open to inspection.
NRS 239.0105 - Confidentiality of certain records of local governmental entities.
NRS 239.0113 - Burden of proof where confidentiality of public book or record is at issue.
NRS 239.012 - Immunity for good faith disclosure or refusal to disclose information.
NRS 239.013 - Confidentiality of records of library which identify user with property used.
NRS 239.030 - Furnishing of certified copies of public records.
NRS 239.051 - Requirements before destruction.
NRS 239.052 - Fees: Limitations; waiver; posting of sign or notice.
NRS 239.054 - Additional fee for information from geographic information system.
NRS 239.080 - State records: Schedules for retention and disposition.
NRS 239.085 - State records: Disposition by Department of Transportation.
NRS 239.110 - Judicial records: Destruction; reproductions.
NRS 239.121 - Local governmental records: Definitions.
NRS 239.123 - Local governmental records: Submission to Division; accounting; return or reclamation.
NRS 239.124 - Local governmental records: Exclusive procedures for destruction.
NRS 239.130 - Rerecording of instrument if county records lost or destroyed.
NRS 239.180 - Character of evidence which court may admit.
NRS 239.190 - Proceedings brought in county where property is situated.
NRS 239.200 - Where proceedings are brought when county divided after destruction of records.
NRS 239.210 - Limitations affecting restored records.
NRS 239.220 - Restored records validated.
NRS 239.250 - Court to issue citation upon filing of affidavit.
NRS 239.260 - Service of citation on parties residing outside of county or State.
NRS 239.270 - Counter-affidavits; hearing; decree.
NRS 239.280 - Limitation of record of judgment which has been restored.
NRS 239.290 - Taxation of costs.
NRS 239.300 - Stealing, altering or defacing records, documents or instruments.
NRS 239.310 - Removing, injuring or concealing public records and documents.
NRS 239.320 - Injury to, concealment or falsification of records or papers by public officer.
NRS 239.330 - Offering false instrument for filing or record.