CHAPTER 2. REINSTATEMENT OF DESTROYED RECORDS

IC 5-15-2
    Chapter 2. Reinstatement of Destroyed Records

IC 5-15-2-1
Judicial records; certified copies of lost or destroyed originals
    Sec. 1. Whenever any record, bond, execution, order of sale orother writ, or the returns thereon, or any other paper or part thereof,in any judicial proceeding of any judicial court of this state, shallbefore or after March 9, 1881, be lost or destroyed, any party orperson interested therein may, on application by complaint in writingand upon notice, as provided in section 3 of this chapter, in the courthaving jurisdiction over, or the custody or control thereof, and onshowing to the satisfaction of such court, that the same has been lostor destroyed without fault or neglect of the party or person makingsuch application, obtain an order from such court authorizing suchdefect to be supplied by a duly certified copy of the original, wherethe same can be obtained, which certified copy shall be entered ofrecord in said court and shall thereafter have the same force andeffect as the original would have had in all respects.
(Formerly: Acts 1881, c.30, s.1.) As amended by P.L.25-1986,SEC.82.

IC 5-15-2-2
Judicial records; loss or destruction of originals; certified copyunobtainable
    Sec. 2. Whenever the loss or destruction of any such record, bond,execution, order of sale, or other writ, or the returns thereon, or anyother paper or part thereof, shall before or after March 9, 1881,happen and such defect cannot be supplied as provided in section 1of this chapter, any party or person interested therein may file hiscomplaint in the court to which the same belonged or which hasjurisdiction over or custody or control of the same, showing the lossor destruction thereof, and that a certified copy thereof cannot beobtained by the party or person making such application, and thesubstance of the same so lost or destroyed, and that such loss ordestruction occurred without the fault or neglect of the party makingsuch application, and that such loss or destruction, unless supplied,will or may result in damage to the person making such application;and thereupon the defendants named in such complaint shall beserved with summons or notified by publication, as provided insection 3 of this chapter, and said cause shall stand for hearing bysaid court the same as other civil cases in said court.
(Formerly: Acts 1881, c.30, s.2.) As amended by P.L.25-1986,SEC.83.

IC 5-15-2-3
Notice of hearings
    Sec. 3. The defendants, their legal representatives, or thenecessary parties in all cases mentioned in the preceding sections,shall have ten (10) days' notice of the time set for the hearing thereof,

by summons issued by the clerk of such court; or if such defendantsare nonresidents of the state of Indiana, or their residence beunknown, or the names of any necessary party defendants beunknown, such notice may be given by three (3) successive weeks'publication in some weekly newspaper of general circulationpublished in said county to be named by the person making theapplication, his agent or attorney; or if none be published in suchcounty, then such notice shall be given by publication in the weeklynewspaper published in this state nearest the county seat of suchcounty, such published notice to be given by the clerk of such courton affidavit filed by plaintiff, his agent, attorney or some competentperson; the last of which notices shall be published ten (10) daysbefore the first day of the term of court in which said claim may bepending, or ten (10) days before a day in said term for which saidcause may be set for hearing, which day shall be named in thesummons or notice.
(Formerly: Acts 1881, c.30, s.3.)

IC 5-15-2-4
Resisting complaint; answer of nul-tiel record; admission of oraltestimony; reinstatement
    Sec. 4. Such defendants may resist such complaint by answer ofnul-tiel record, and no other, as to the existence of the record, bond,execution, order of sale or other writ, or the returns thereon, or otherpaper sought to be reinstated; and upon the trial thereof, oraltestimony shall be admitted, and strict proof of dates, sums andamounts, and actual entries and forms of record shall not be requiredon the trial of such issue; but the court shall, on such hearing, if thequestion is presented, determine, and in its record of reinstatementset forth, what satisfaction, in whole or in part, by payment orotherwise, has been made of any judgment or decree sought to bereinstated since the rendition thereof, and if, upon such hearing, suchcourt shall be satisfied that the statements in such complaint are true,the court shall make an order reciting what was the substance andeffect of such lost or destroyed record, bond, execution, order of saleor other writ, or the returns thereon, or other paper or part thereof,and what satisfaction, by payment or otherwise, in whole or in part,has been made of any judgment or decree so sought to be reinstatedwhen that question is presented; which order shall be entered ofrecord in said court and shall have the same force and effect that theoriginal record would have had if the same had not been lost ordestroyed, subject to any satisfaction found by the court.
(Formerly: Acts 1881, c.30, s.4.)

IC 5-15-2-5
Motion to set aside reinstatement
    Sec. 5. In all cases where any record, bond, execution, order ofsale or other writ, or the returns thereon, or any other paper, or partthereof mentioned in this chapter has been or may be lost ordestroyed, in whole or in part, and has been reinstated without

appearance of or actual notice to the defendants in such proceedingof reinstatement, any such defendants may, at any time within two(2) years thereafter, unless he may be under disabilities, then withintwo (2) years after the removal of such disabilities, on affidavit ofmerits have the same set aside on motion in writing, of which motionthe plaintiff or complainant shall have the same notice required to begiven the defendants in section 3 of this chapter, and when suchreinstatement shall be set aside the same proceedings shall be hadthereon as if the defendant had appeared to the original complaint forreinstatement.
(Formerly: Acts 1881, c.30, s.5.) As amended by P.L.25-1986,SEC.84.

IC 5-15-2-6
Affidavit for reinstatement; stay of proceedings
    Sec. 6. In all actions pending on March 9, 1881, or that may becommenced after March 9, 1881, in any court of record in this state,any party thereto may, on application to such court verified byaffidavit, show that any record, bond, execution, order of sale, orother writ or the returns thereon, or any other paper of the record orfiles of any court in this state necessary to be used in evidence insuch cause has been lost or destroyed, in whole or in part, without hisfault or neglect, which affidavit shall show the competency andnecessity of the same as evidence in the cause, and that the same hasnot been reinstated, and such court shall, unless the adverse partywill admit on the trial the facts stated in such affidavit, stay allproceedings for a reasonable time, that said destroyed record, inwhole or in part, may be reinstated, the court shall, upon causeshown, grant further and additional time for the reinstatement of suchrecord; but the trial of such action shall not be delayed more than one(1) year for such reinstatement, and to expedite the reinstatement ofthe same the court may, on motion of either party, refer the questionof such destruction and reinstatement, as shown in such affidavit, toa master commissioner to be appointed by the court to hear, examine,and take all the evidence and report fully all the facts in writing tothe court, as provided for in this chapter.
(Formerly: Acts 1881, c.30, s.6.) As amended by P.L.25-1986,SEC.85.

IC 5-15-2-7
Reference of complaint to master commissioner; proceedings
    Sec. 7. Whenever any complaint is filed in any court for thereinstatement of any record, bond, execution, order of sale or otherwrit, or the returns thereon, or any other paper or part thereof, asabove provided, the court may, on its own motion, or uponapplication of either party, refer to a master commissioner forexamination and hearing all the evidence, written and oral, in suchcase; and such master commissioner shall hear such evidence as inother cases, and shall make a full and complete report thereof to thecourt, and shall also report to the court, in form, such record, bond,

execution, order of sale or other writ, or the returns thereon, or anyother paper or part thereof sought to be reinstated, and the court, ifit finds the forms so reported to be substantially correct, as shown bythe evidence reported, shall order the same reinstated accordingly;and when so entered of record by the court, it shall have the sameforce and effect as the original would have had if the same had notbeen lost or destroyed; or such court may, from the report of suchmaster commissioner, find, determine and say what such original orpart thereof was before its loss or destruction, and shall order thesame reinstated; and when so reinstated, it shall have the same forceand effect as the original would have had if the same had not beenlost or destroyed. Which report of master commissioner, and thefinding and judgment of the court thereon, shall be governed by thesame practice as in other civil cases. Before such mastercommissioner shall proceed to hear and examine the evidence in anycase referred to him, he shall give the parties thereto reasonablenotice of the time and place of hearing the same. Said mastercommissioner shall have power to issue writs of subpoena, whichwrits and other notices shall be served by the sheriff, administeroaths, require the production of all writings, records, or parts ofrecords, papers, memoranda or exhibits in any case referred to him;and he shall report to the court, for punishment for contempt, anyperson for failure to appear before him, on due and sufficient notice,to give testimony or to furnish any writing, record or part of record,paper, memorandum or exhibit that may be required in evidence inany case so referred. Such master commissioner shall be allowed bythe court for his services, reasonable compensation, to be taxed andpaid as the court may direct.
(Formerly: Acts 1881, c.30, s.7.)

IC 5-15-2-8
Title to real estate; quieting title by complaint
    Sec. 8. Whenever any record of any court of this state, or anypleading or paper of the files of such court, any probated will or willfiled for probate, or any execution or decretal order or other writissued out of such court, or by the clerk thereof, has been lost ordestroyed, in whole or in part, and such lost or destroyed record,paper, will, order or writ in any way forms a part of the evidence ofany title to or interest in any real estate, either legal or equitable, anyperson holding such title to or interest in such real estate may, bycomplaint in the proper court of the county in which such real estateis situated, have his title to or interest in such real estate declaredquieted and set at rest. All persons having or claiming any interest insuch real estate shall be made defendants to such complaint and shallbe served with notice as provided in section 3 of this chapter. Thecomplaint shall specify the plaintiff's title to or interest in the realestate and shall state with reasonable certainty the record, paper,order, will or writ lost or destroyed and how the same constitutes apart of the evidence of his title to or interest in such real estate. Uponthe trial of such cause, oral testimony shall be admitted of the loss or

destruction, and the contents of such records, papers, wills, orders,or writs so lost or destroyed; and such rule of evidence shall beapplicable to every part of such records, papers, orders, wills, orwrits, the issuing of such writs, and other process of such courts, andthe returns thereon, notices by publication and the proof thereof.
(Formerly: Acts 1881, c.30, s.8.) As amended by P.L.25-1986,SEC.86.

IC 5-15-2-9
Probate records; reinstatement
    Sec. 9. The judge of any court having probate jurisdiction, therecords of which may before March 9, 1881, have been or may afterMarch 9, 1881, be destroyed, in whole or in part, may proceed, uponhis own motion or on complaint in writing by any interested party, toreinstate the records and proceedings of such court relating todecedents' estates, guardianships, records of wills, wills probated,and wills filed for probate in said court; and for the purpose ofreinstating said records, wills, papers, or proceedings, or any partthereof, may, on his own motion or on written complaint filed by anyinterested party, issue citations and compel the attendance of allparties for that purpose; and may, in his discretion, refer such matterto a master commissioner, as provided for in section 7 of thischapter. All persons interested shall be notified as provided for insection 3 of this chapter, or in such manner and for such time as thecourt may direct, and oral testimony shall be admissible of theexistence, contents, and destruction of such records, papers, andwills.
(Formerly: Acts 1881, c.30, s.9.) As amended by P.L.25-1986,SEC.87.

IC 5-15-2-10
Judicial records; special term to reinstate lost or destroyed records
    Sec. 10. The judge of any court, the records or papers whereofhave been or may be destroyed, in whole or in part, is herebyauthorized to hold any special term or terms of said court, for suchlength of time and at such time or times as may to him, in hisdiscretion seem proper for the purpose of reinstating records andpapers of such court. And process may be made returnable at suchspecial terms, and all proceedings had thereat in such cases, the sameas at a regular term of said court.
(Formerly: Acts 1881, c.30, s.10.)