239.240 - Restoration of judicial records not affecting real property or water rights: Contents of affidavit filed with court.
239.240 Restoration of judicial records not affecting real property or water rights: Contents of affidavit filed with court.
1. When any record of any court in this State, not affecting real property or water rights, has been lost, destroyed or defaced, so that its contents cannot be distinguished, the same may be restored by any party interested, by making and filing an affidavit in the court whose records it is proposed to restore.
2. The affidavit shall set forth:
(a) The nature of the action, demand or claim upon which the lost, destroyed or defaced record was obtained.
(b) About the date of the discovery of its loss or destruction as near as may be.
(c) That the restoration of the record or records is necessary to secure the legal rights of the affiant, or of some other person, for whose benefit the record or records are sought to be restored.
3. When the record sought to be restored is that of a judgment, the affidavit shall set forth the amount and character of the judgment as nearly as can be ascertained.
[1911 CPA § 699; RL § 5641; NCL § 9188]