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Code · Kentucky · Chapter 422 — Evidence and lost records

422.240 Commissioner to supply records of court.

185 words·~1 min read·/ky/chapter-422/422-240

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(1)If the records or papers of any court are lost, destroyed, defaced, or obliterated, the
court shall appoint a commissioner, who shall have power and authority to fix on a
convenient place to meet for the purpose of hearing evidence in regard to the lost
records or papers, giving reasonable public notice thereof.
(2)The commissioner shall be paid a reasonable compensation out of the county
treasury and shall not remain in office longer than one
(1)year.
(3)The commissioner may, at the instance of any person, issue a summons and cause
the attendance of witnesses, and take evidence, in writing, of such witnesses,
relative to any record or paper so destroyed, defaced, or obliterated. The deposition
shall be legal evidence, and shall be returned to the clerk of the court and safely
kept by such clerk. Before any proof is taken, the party offering it must make and
file with the commissioner an affidavit that there is no attested copy of the record or
papers in existence known to him. If the affidavit is not made, no testimony taken
shall be evidence.
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