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Rule 77. Lost Records and Papers (1943)


When any papers or records are lost or destroyed during the pendency of a suit, the parties may, with the approval of the judge, agree in writing on a brief statement of the matters contained therein; or either party may supply such lost records or papers as follows:

(a) After three days' notice to the adverse party on his attorney, make written sworn motion before the court stating the loss or destruction of such record or papers, accompanied by certified copies of the originals if obtainable, or by substantial copies thereof.

(b) If, upon hearing, the court be satisfied that they are substantial copies of the original, an order shall be made substituting such copies or brief statement for the originals.

(c) Such substituted copies or brief statement shall be filed with the clerk, constitute a part of the cause, and have the force and effect of the originals.

Amended by order of June 16, 1943, eff. Dec. 31, 1943.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941