Code Section Group

Code of Civil Procedure - CCP

PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107]

  ( Heading of Part 4 amended by Stats. 1965, Ch. 299. )

TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974]

  ( Title 2 enacted 1872. )

CHAPTER 3. Writings [1895 - 1953.13]

  ( Chapter 3 enacted 1872. )

ARTICLE 4.5. Private Records Destroyed in Disaster or Calamity [1953.10 - 1953.13]
  ( Article 4.5 added by Stats. 1961, Ch. 1311. )

1953.10.
  

Any person, corporation, copartnership, organization, institution, business, member of profession or calling interested in establishing the existence, substance, genuineness, or authenticity of any memorandum, book, map, chart, manuscript, writing, account, entry, record, print, document, representation, or combination thereof that has been damaged, rendered wholly or partially illegible, destroyed in whole or in part or lost by explosion, conflagration, earthquake, disaster or other public calamity, may apply by duly verified petition to the court for an order establishing, reciting, or declaring the existence, substance, genuineness or authenticity of the same.

(Added by Stats. 1961, Ch. 1311.)

1953.11.
  

Notice of the filing of the petition and of the time and place of the hearing thereof shall be given to such persons, if any, as the court shall designate by its order. Such order shall specify how such notice shall be given and may be by publication, posting, personal service or otherwise as the court shall direct. Upon the hearing of the petition proof shall be submitted to the court that notice has been given as prescribed in such order.

(Added by Stats. 1961, Ch. 1311.)

1953.12.
  

Upon the hearing the court shall receive such evidence as may be required and if the court is satisfied that the statements contained in the petition are true, it shall make an order reciting the existence, substance, genuineness or authenticity of the destroyed or lost memorandum, book, map, chart, manuscript, writing, account, entry, print, document, representation or combination thereof.

(Added by Stats. 1961, Ch. 1311.)

1953.13.
  

The order of court made upon such hearing shall refer to the memorandum, book, map, chart, manuscript, writing, account, entry, record, print, document, representation or combination thereof which is the subject of said petition and such court order shall be deemed in lieu of the original and have the same effect as if the original had not been damaged, destroyed or otherwise rendered wholly or partially illegible.

(Added by Stats. 1961, Ch. 1311.)

CCPCode of Civil Procedure - CCP4.5