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 or
other writ, or the returns thereon, or any other paper or part thereof,
in any judicial proceeding of any judicial court of this state, shall
before or after March 9, 1881, be lost or destroyed, any party or
person interested therein may, on application by complaint in writing
and upon notice, as provided in section 3 of this chapter, in the court
having jurisdiction over, or the custody or control thereof, and on
showing to the satisfaction of such court, that the same has been lost
or destroyed without fault or neglect of the party or person making
such application, obtain an order from such court authorizing such
defect to be supplied by a duly certified copy of the original, where
the same can be obtained, which certified copy shall be entered of
record in said court and shall thereafter have the same force and
effect 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 copy
unobtainable
Sec. 2. Whenever the loss or destruction of any such record, bond,
execution, order of sale, or other writ, or the returns thereon, or any
other paper or part thereof, shall before or after March 9, 1881,
happen and such defect cannot be supplied as provided in section 1
of this chapter, any party or person interested therein may file his
complaint in the court to which the same belonged or which has
jurisdiction over or custody or control of the same, showing the loss
or destruction thereof, and that a certified copy thereof cannot be
obtained by the party or person making such application, and the
substance of the same so lost or destroyed, and that such loss or
destruction occurred without the fault or neglect of the party making
such 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 be
served with summons or notified by publication, as provided in
section 3 of this chapter, and said cause shall stand for hearing by
said 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 the
necessary 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 defendants
are nonresidents of the state of Indiana, or their residence be
unknown, or the names of any necessary party defendants be
unknown, such notice may be given by three (3) successive weeks'
publication in some weekly newspaper of general circulation
published in said county to be named by the person making the
application, his agent or attorney; or if none be published in such
county, then such notice shall be given by publication in the weekly
newspaper published in this state nearest the county seat of such
county, such published notice to be given by the clerk of such court
on affidavit filed by plaintiff, his agent, attorney or some competent
person; the last of which notices shall be published ten (10) days
before the first day of the term of court in which said claim may be
pending, or ten (10) days before a day in said term for which said
cause may be set for hearing, which day shall be named in the
summons or notice. (Formerly: Acts 1881, c.30, s.3.)
IC 5-15-2-4 Resisting complaint; answer of nul-tiel record; admission of oral
testimony; reinstatement
Sec. 4. Such defendants may resist such complaint by answer of
nul-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 other
paper sought to be reinstated; and upon the trial thereof, oral
testimony shall be admitted, and strict proof of dates, sums and
amounts, and actual entries and forms of record shall not be required
on the trial of such issue; but the court shall, on such hearing, if the
question is presented, determine, and in its record of reinstatement
set forth, what satisfaction, in whole or in part, by payment or
otherwise, has been made of any judgment or decree sought to be
reinstated since the rendition thereof, and if, upon such hearing, such
court shall be satisfied that the statements in such complaint are true,
the court shall make an order reciting what was the substance and
effect of such lost or destroyed record, bond, execution, order of sale
or 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 reinstated
when that question is presented; which order shall be entered of
record in said court and shall have the same force and effect that the
original record would have had if the same had not been lost or
destroyed, 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 of
sale or other writ, or the returns thereon, or any other paper, or part
thereof mentioned in this chapter has been or may be lost or
destroyed, in whole or in part, and has been reinstated without
appearance of or actual notice to the defendants in such proceeding
of reinstatement, any such defendants may, at any time within two
(2) years thereafter, unless he may be under disabilities, then within
two (2) years after the removal of such disabilities, on affidavit of
merits have the same set aside on motion in writing, of which motion
the plaintiff or complainant shall have the same notice required to be
given the defendants in section 3 of this chapter, and when such
reinstatement shall be set aside the same proceedings shall be had
thereon as if the defendant had appeared to the original complaint for
reinstatement. (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 be
commenced after March 9, 1881, in any court of record in this state,
any party thereto may, on application to such court verified by
affidavit, show that any record, bond, execution, order of sale, or
other writ or the returns thereon, or any other paper of the record or
files of any court in this state necessary to be used in evidence in
such cause has been lost or destroyed, in whole or in part, without his
fault or neglect, which affidavit shall show the competency and
necessity of the same as evidence in the cause, and that the same has
not been reinstated, and such court shall, unless the adverse party
will admit on the trial the facts stated in such affidavit, stay all
proceedings for a reasonable time, that said destroyed record, in
whole or in part, may be reinstated, the court shall, upon cause
shown, grant further and additional time for the reinstatement of such
record; but the trial of such action shall not be delayed more than one
(1) year for such reinstatement, and to expedite the reinstatement of
the same the court may, on motion of either party, refer the question
of such destruction and reinstatement, as shown in such affidavit, to
a master commissioner to be appointed by the court to hear, examine,
and take all the evidence and report fully all the facts in writing to
the 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 the
reinstatement of any record, bond, execution, order of sale or other
writ, or the returns thereon, or any other paper or part thereof, as
above provided, the court may, on its own motion, or upon
application of either party, refer to a master commissioner for
examination and hearing all the evidence, written and oral, in such
case; and such master commissioner shall hear such evidence as in
other cases, and shall make a full and complete report thereof to the
court, and shall also report to the court, in form, such record, bond,
execution, order of sale or other writ, or the returns thereon, or any
other paper or part thereof sought to be reinstated, and the court, if
it finds the forms so reported to be substantially correct, as shown by
the evidence reported, shall order the same reinstated accordingly;
and when so entered of record by the court, it shall have the same
force and effect as the original would have had if the same had not
been lost or destroyed; or such court may, from the report of such
master commissioner, find, determine and say what such original or
part thereof was before its loss or destruction, and shall order the
same reinstated; and when so reinstated, it shall have the same force
and effect as the original would have had if the same had not been
lost or destroyed. Which report of master commissioner, and the
finding and judgment of the court thereon, shall be governed by the
same practice as in other civil cases. Before such master
commissioner shall proceed to hear and examine the evidence in any
case referred to him, he shall give the parties thereto reasonable
notice of the time and place of hearing the same. Said master
commissioner shall have power to issue writs of subpoena, which
writs and other notices shall be served by the sheriff, administer
oaths, require the production of all writings, records, or parts of
records, papers, memoranda or exhibits in any case referred to him;
and he shall report to the court, for punishment for contempt, any
person 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 in
any case so referred. Such master commissioner shall be allowed by
the court for his services, reasonable compensation, to be taxed and
paid 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 any
pleading or paper of the files of such court, any probated will or will
filed for probate, or any execution or decretal order or other writ
issued out of such court, or by the clerk thereof, has been lost or
destroyed, 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 of
any title to or interest in any real estate, either legal or equitable, any
person holding such title to or interest in such real estate may, by
complaint in the proper court of the county in which such real estate
is situated, have his title to or interest in such real estate declared
quieted and set at rest. All persons having or claiming any interest in
such real estate shall be made defendants to such complaint and shall
be served with notice as provided in section 3 of this chapter. The
complaint shall specify the plaintiff's title to or interest in the real
estate and shall state with reasonable certainty the record, paper,
order, will or writ lost or destroyed and how the same constitutes a
part of the evidence of his title to or interest in such real estate. Upon
the 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 be
applicable to every part of such records, papers, orders, wills, or
writs, the issuing of such writs, and other process of such courts, and
the 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, the
records of which may before March 9, 1881, have been or may after
March 9, 1881, be destroyed, in whole or in part, may proceed, upon
his own motion or on complaint in writing by any interested party, to
reinstate the records and proceedings of such court relating to
decedents' estates, guardianships, records of wills, wills probated,
and wills filed for probate in said court; and for the purpose of
reinstating said records, wills, papers, or proceedings, or any part
thereof, may, on his own motion or on written complaint filed by any
interested party, issue citations and compel the attendance of all
parties for that purpose; and may, in his discretion, refer such matter
to a master commissioner, as provided for in section 7 of this
chapter. All persons interested shall be notified as provided for in
section 3 of this chapter, or in such manner and for such time as the
court may direct, and oral testimony shall be admissible of the
existence, contents, and destruction of such records, papers, and
wills. (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 whereof
have been or may be destroyed, in whole or in part, is hereby
authorized to hold any special term or terms of said court, for such
length of time and at such time or times as may to him, in his
discretion seem proper for the purpose of reinstating records and
papers of such court. And process may be made returnable at such
special terms, and all proceedings had thereat in such cases, the same
as at a regular term of said court. (Formerly: Acts 1881, c.30, s.10.)
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 or
other writ, or the returns thereon, or any other paper or part thereof,
in any judicial proceeding of any judicial court of this state, shall
before or after March 9, 1881, be lost or destroyed, any party or
person interested therein may, on application by complaint in writing
and upon notice, as provided in section 3 of this chapter, in the court
having jurisdiction over, or the custody or control thereof, and on
showing to the satisfaction of such court, that the same has been lost
or destroyed without fault or neglect of the party or person making
such application, obtain an order from such court authorizing such
defect to be supplied by a duly certified copy of the original, where
the same can be obtained, which certified copy shall be entered of
record in said court and shall thereafter have the same force and
effect 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 copy
unobtainable
Sec. 2. Whenever the loss or destruction of any such record, bond,
execution, order of sale, or other writ, or the returns thereon, or any
other paper or part thereof, shall before or after March 9, 1881,
happen and such defect cannot be supplied as provided in section 1
of this chapter, any party or person interested therein may file his
complaint in the court to which the same belonged or which has
jurisdiction over or custody or control of the same, showing the loss
or destruction thereof, and that a certified copy thereof cannot be
obtained by the party or person making such application, and the
substance of the same so lost or destroyed, and that such loss or
destruction occurred without the fault or neglect of the party making
such 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 be
served with summons or notified by publication, as provided in
section 3 of this chapter, and said cause shall stand for hearing by
said 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 the
necessary 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 defendants
are nonresidents of the state of Indiana, or their residence be
unknown, or the names of any necessary party defendants be
unknown, such notice may be given by three (3) successive weeks'
publication in some weekly newspaper of general circulation
published in said county to be named by the person making the
application, his agent or attorney; or if none be published in such
county, then such notice shall be given by publication in the weekly
newspaper published in this state nearest the county seat of such
county, such published notice to be given by the clerk of such court
on affidavit filed by plaintiff, his agent, attorney or some competent
person; the last of which notices shall be published ten (10) days
before the first day of the term of court in which said claim may be
pending, or ten (10) days before a day in said term for which said
cause may be set for hearing, which day shall be named in the
summons or notice. (Formerly: Acts 1881, c.30, s.3.)
IC 5-15-2-4 Resisting complaint; answer of nul-tiel record; admission of oral
testimony; reinstatement
Sec. 4. Such defendants may resist such complaint by answer of
nul-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 other
paper sought to be reinstated; and upon the trial thereof, oral
testimony shall be admitted, and strict proof of dates, sums and
amounts, and actual entries and forms of record shall not be required
on the trial of such issue; but the court shall, on such hearing, if the
question is presented, determine, and in its record of reinstatement
set forth, what satisfaction, in whole or in part, by payment or
otherwise, has been made of any judgment or decree sought to be
reinstated since the rendition thereof, and if, upon such hearing, such
court shall be satisfied that the statements in such complaint are true,
the court shall make an order reciting what was the substance and
effect of such lost or destroyed record, bond, execution, order of sale
or 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 reinstated
when that question is presented; which order shall be entered of
record in said court and shall have the same force and effect that the
original record would have had if the same had not been lost or
destroyed, 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 of
sale or other writ, or the returns thereon, or any other paper, or part
thereof mentioned in this chapter has been or may be lost or
destroyed, in whole or in part, and has been reinstated without
appearance of or actual notice to the defendants in such proceeding
of reinstatement, any such defendants may, at any time within two
(2) years thereafter, unless he may be under disabilities, then within
two (2) years after the removal of such disabilities, on affidavit of
merits have the same set aside on motion in writing, of which motion
the plaintiff or complainant shall have the same notice required to be
given the defendants in section 3 of this chapter, and when such
reinstatement shall be set aside the same proceedings shall be had
thereon as if the defendant had appeared to the original complaint for
reinstatement. (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 be
commenced after March 9, 1881, in any court of record in this state,
any party thereto may, on application to such court verified by
affidavit, show that any record, bond, execution, order of sale, or
other writ or the returns thereon, or any other paper of the record or
files of any court in this state necessary to be used in evidence in
such cause has been lost or destroyed, in whole or in part, without his
fault or neglect, which affidavit shall show the competency and
necessity of the same as evidence in the cause, and that the same has
not been reinstated, and such court shall, unless the adverse party
will admit on the trial the facts stated in such affidavit, stay all
proceedings for a reasonable time, that said destroyed record, in
whole or in part, may be reinstated, the court shall, upon cause
shown, grant further and additional time for the reinstatement of such
record; but the trial of such action shall not be delayed more than one
(1) year for such reinstatement, and to expedite the reinstatement of
the same the court may, on motion of either party, refer the question
of such destruction and reinstatement, as shown in such affidavit, to
a master commissioner to be appointed by the court to hear, examine,
and take all the evidence and report fully all the facts in writing to
the 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 the
reinstatement of any record, bond, execution, order of sale or other
writ, or the returns thereon, or any other paper or part thereof, as
above provided, the court may, on its own motion, or upon
application of either party, refer to a master commissioner for
examination and hearing all the evidence, written and oral, in such
case; and such master commissioner shall hear such evidence as in
other cases, and shall make a full and complete report thereof to the
court, and shall also report to the court, in form, such record, bond,
execution, order of sale or other writ, or the returns thereon, or any
other paper or part thereof sought to be reinstated, and the court, if
it finds the forms so reported to be substantially correct, as shown by
the evidence reported, shall order the same reinstated accordingly;
and when so entered of record by the court, it shall have the same
force and effect as the original would have had if the same had not
been lost or destroyed; or such court may, from the report of such
master commissioner, find, determine and say what such original or
part thereof was before its loss or destruction, and shall order the
same reinstated; and when so reinstated, it shall have the same force
and effect as the original would have had if the same had not been
lost or destroyed. Which report of master commissioner, and the
finding and judgment of the court thereon, shall be governed by the
same practice as in other civil cases. Before such master
commissioner shall proceed to hear and examine the evidence in any
case referred to him, he shall give the parties thereto reasonable
notice of the time and place of hearing the same. Said master
commissioner shall have power to issue writs of subpoena, which
writs and other notices shall be served by the sheriff, administer
oaths, require the production of all writings, records, or parts of
records, papers, memoranda or exhibits in any case referred to him;
and he shall report to the court, for punishment for contempt, any
person 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 in
any case so referred. Such master commissioner shall be allowed by
the court for his services, reasonable compensation, to be taxed and
paid 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 any
pleading or paper of the files of such court, any probated will or will
filed for probate, or any execution or decretal order or other writ
issued out of such court, or by the clerk thereof, has been lost or
destroyed, 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 of
any title to or interest in any real estate, either legal or equitable, any
person holding such title to or interest in such real estate may, by
complaint in the proper court of the county in which such real estate
is situated, have his title to or interest in such real estate declared
quieted and set at rest. All persons having or claiming any interest in
such real estate shall be made defendants to such complaint and shall
be served with notice as provided in section 3 of this chapter. The
complaint shall specify the plaintiff's title to or interest in the real
estate and shall state with reasonable certainty the record, paper,
order, will or writ lost or destroyed and how the same constitutes a
part of the evidence of his title to or interest in such real estate. Upon
the 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 be
applicable to every part of such records, papers, orders, wills, or
writs, the issuing of such writs, and other process of such courts, and
the 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, the
records of which may before March 9, 1881, have been or may after
March 9, 1881, be destroyed, in whole or in part, may proceed, upon
his own motion or on complaint in writing by any interested party, to
reinstate the records and proceedings of such court relating to
decedents' estates, guardianships, records of wills, wills probated,
and wills filed for probate in said court; and for the purpose of
reinstating said records, wills, papers, or proceedings, or any part
thereof, may, on his own motion or on written complaint filed by any
interested party, issue citations and compel the attendance of all
parties for that purpose; and may, in his discretion, refer such matter
to a master commissioner, as provided for in section 7 of this
chapter. All persons interested shall be notified as provided for in
section 3 of this chapter, or in such manner and for such time as the
court may direct, and oral testimony shall be admissible of the
existence, contents, and destruction of such records, papers, and
wills. (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 whereof
have been or may be destroyed, in whole or in part, is hereby
authorized to hold any special term or terms of said court, for such
length of time and at such time or times as may to him, in his
discretion seem proper for the purpose of reinstating records and
papers of such court. And process may be made returnable at such
special terms, and all proceedings had thereat in such cases, the same
as at a regular term of said court. (Formerly: Acts 1881, c.30, s.10.)
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 or
other writ, or the returns thereon, or any other paper or part thereof,
in any judicial proceeding of any judicial court of this state, shall
before or after March 9, 1881, be lost or destroyed, any party or
person interested therein may, on application by complaint in writing
and upon notice, as provided in section 3 of this chapter, in the court
having jurisdiction over, or the custody or control thereof, and on
showing to the satisfaction of such court, that the same has been lost
or destroyed without fault or neglect of the party or person making
such application, obtain an order from such court authorizing such
defect to be supplied by a duly certified copy of the original, where
the same can be obtained, which certified copy shall be entered of
record in said court and shall thereafter have the same force and
effect 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 copy
unobtainable
Sec. 2. Whenever the loss or destruction of any such record, bond,
execution, order of sale, or other writ, or the returns thereon, or any
other paper or part thereof, shall before or after March 9, 1881,
happen and such defect cannot be supplied as provided in section 1
of this chapter, any party or person interested therein may file his
complaint in the court to which the same belonged or which has
jurisdiction over or custody or control of the same, showing the loss
or destruction thereof, and that a certified copy thereof cannot be
obtained by the party or person making such application, and the
substance of the same so lost or destroyed, and that such loss or
destruction occurred without the fault or neglect of the party making
such 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 be
served with summons or notified by publication, as provided in
section 3 of this chapter, and said cause shall stand for hearing by
said 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 the
necessary 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 defendants
are nonresidents of the state of Indiana, or their residence be
unknown, or the names of any necessary party defendants be
unknown, such notice may be given by three (3) successive weeks'
publication in some weekly newspaper of general circulation
published in said county to be named by the person making the
application, his agent or attorney; or if none be published in such
county, then such notice shall be given by publication in the weekly
newspaper published in this state nearest the county seat of such
county, such published notice to be given by the clerk of such court
on affidavit filed by plaintiff, his agent, attorney or some competent
person; the last of which notices shall be published ten (10) days
before the first day of the term of court in which said claim may be
pending, or ten (10) days before a day in said term for which said
cause may be set for hearing, which day shall be named in the
summons or notice. (Formerly: Acts 1881, c.30, s.3.)
IC 5-15-2-4 Resisting complaint; answer of nul-tiel record; admission of oral
testimony; reinstatement
Sec. 4. Such defendants may resist such complaint by answer of
nul-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 other
paper sought to be reinstated; and upon the trial thereof, oral
testimony shall be admitted, and strict proof of dates, sums and
amounts, and actual entries and forms of record shall not be required
on the trial of such issue; but the court shall, on such hearing, if the
question is presented, determine, and in its record of reinstatement
set forth, what satisfaction, in whole or in part, by payment or
otherwise, has been made of any judgment or decree sought to be
reinstated since the rendition thereof, and if, upon such hearing, such
court shall be satisfied that the statements in such complaint are true,
the court shall make an order reciting what was the substance and
effect of such lost or destroyed record, bond, execution, order of sale
or 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 reinstated
when that question is presented; which order shall be entered of
record in said court and shall have the same force and effect that the
original record would have had if the same had not been lost or
destroyed, 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 of
sale or other writ, or the returns thereon, or any other paper, or part
thereof mentioned in this chapter has been or may be lost or
destroyed, in whole or in part, and has been reinstated without
appearance of or actual notice to the defendants in such proceeding
of reinstatement, any such defendants may, at any time within two
(2) years thereafter, unless he may be under disabilities, then within
two (2) years after the removal of such disabilities, on affidavit of
merits have the same set aside on motion in writing, of which motion
the plaintiff or complainant shall have the same notice required to be
given the defendants in section 3 of this chapter, and when such
reinstatement shall be set aside the same proceedings shall be had
thereon as if the defendant had appeared to the original complaint for
reinstatement. (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 be
commenced after March 9, 1881, in any court of record in this state,
any party thereto may, on application to such court verified by
affidavit, show that any record, bond, execution, order of sale, or
other writ or the returns thereon, or any other paper of the record or
files of any court in this state necessary to be used in evidence in
such cause has been lost or destroyed, in whole or in part, without his
fault or neglect, which affidavit shall show the competency and
necessity of the same as evidence in the cause, and that the same has
not been reinstated, and such court shall, unless the adverse party
will admit on the trial the facts stated in such affidavit, stay all
proceedings for a reasonable time, that said destroyed record, in
whole or in part, may be reinstated, the court shall, upon cause
shown, grant further and additional time for the reinstatement of such
record; but the trial of such action shall not be delayed more than one
(1) year for such reinstatement, and to expedite the reinstatement of
the same the court may, on motion of either party, refer the question
of such destruction and reinstatement, as shown in such affidavit, to
a master commissioner to be appointed by the court to hear, examine,
and take all the evidence and report fully all the facts in writing to
the 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 the
reinstatement of any record, bond, execution, order of sale or other
writ, or the returns thereon, or any other paper or part thereof, as
above provided, the court may, on its own motion, or upon
application of either party, refer to a master commissioner for
examination and hearing all the evidence, written and oral, in such
case; and such master commissioner shall hear such evidence as in
other cases, and shall make a full and complete report thereof to the
court, and shall also report to the court, in form, such record, bond,
execution, order of sale or other writ, or the returns thereon, or any
other paper or part thereof sought to be reinstated, and the court, if
it finds the forms so reported to be substantially correct, as shown by
the evidence reported, shall order the same reinstated accordingly;
and when so entered of record by the court, it shall have the same
force and effect as the original would have had if the same had not
been lost or destroyed; or such court may, from the report of such
master commissioner, find, determine and say what such original or
part thereof was before its loss or destruction, and shall order the
same reinstated; and when so reinstated, it shall have the same force
and effect as the original would have had if the same had not been
lost or destroyed. Which report of master commissioner, and the
finding and judgment of the court thereon, shall be governed by the
same practice as in other civil cases. Before such master
commissioner shall proceed to hear and examine the evidence in any
case referred to him, he shall give the parties thereto reasonable
notice of the time and place of hearing the same. Said master
commissioner shall have power to issue writs of subpoena, which
writs and other notices shall be served by the sheriff, administer
oaths, require the production of all writings, records, or parts of
records, papers, memoranda or exhibits in any case referred to him;
and he shall report to the court, for punishment for contempt, any
person 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 in
any case so referred. Such master commissioner shall be allowed by
the court for his services, reasonable compensation, to be taxed and
paid 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 any
pleading or paper of the files of such court, any probated will or will
filed for probate, or any execution or decretal order or other writ
issued out of such court, or by the clerk thereof, has been lost or
destroyed, 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 of
any title to or interest in any real estate, either legal or equitable, any
person holding such title to or interest in such real estate may, by
complaint in the proper court of the county in which such real estate
is situated, have his title to or interest in such real estate declared
quieted and set at rest. All persons having or claiming any interest in
such real estate shall be made defendants to such complaint and shall
be served with notice as provided in section 3 of this chapter. The
complaint shall specify the plaintiff's title to or interest in the real
estate and shall state with reasonable certainty the record, paper,
order, will or writ lost or destroyed and how the same constitutes a
part of the evidence of his title to or interest in such real estate. Upon
the 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 be
applicable to every part of such records, papers, orders, wills, or
writs, the issuing of such writs, and other process of such courts, and
the 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, the
records of which may before March 9, 1881, have been or may after
March 9, 1881, be destroyed, in whole or in part, may proceed, upon
his own motion or on complaint in writing by any interested party, to
reinstate the records and proceedings of such court relating to
decedents' estates, guardianships, records of wills, wills probated,
and wills filed for probate in said court; and for the purpose of
reinstating said records, wills, papers, or proceedings, or any part
thereof, may, on his own motion or on written complaint filed by any
interested party, issue citations and compel the attendance of all
parties for that purpose; and may, in his discretion, refer such matter
to a master commissioner, as provided for in section 7 of this
chapter. All persons interested shall be notified as provided for in
section 3 of this chapter, or in such manner and for such time as the
court may direct, and oral testimony shall be admissible of the
existence, contents, and destruction of such records, papers, and
wills. (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 whereof
have been or may be destroyed, in whole or in part, is hereby
authorized to hold any special term or terms of said court, for such
length of time and at such time or times as may to him, in his
discretion seem proper for the purpose of reinstating records and
papers of such court. And process may be made returnable at such
special terms, and all proceedings had thereat in such cases, the same
as at a regular term of said court. (Formerly: Acts 1881, c.30, s.10.)
