§ Rule 80(h) Lost records; method of supplying; substitution of copies; hearing if correctness denied

Codes > Rules of Civil Procedure for the Superior Courts of Arizona > X General > Rule 80 > Rule 80(h)

Rule 80(h). Lost records; method of supplying; substitution of copies; hearing if correctness denied

    1. When the records and papers of an action or proceeding, or part thereof, are lost or destroyed either before or after the trial or hearing, they may be supplied by either party on motion addressed to the court on three days notice to an adverse party. The motion shall be signed and verified, and shall state the loss or destruction of the records or papers, and shall be
accompanied by certified copies of the originals, if obtainable, and if not, then copies duplicating the originals as nearly as possible.

    2. If the adverse party admits the correctness of the copies and the court is satisfied that they are copies in substance of the original, the court shall order the copies substituted for the originals. If their correctness is denied, or if the court finds them not correct, it shall hear evidence and correct copies shall be made under the direction of the judge. The substituted copies shall be filed with the clerk and shall constitute a part of the record in the action or proceeding, and shall have the force and effect of the originals.