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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>86057</law_id><section_number>8.01-374</section_number><catch_line>Procedure when original papers in cause are lost</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="13">Certain Incidents of Trial</unit></structure><text>
						<section><p>If in any case the original papers therein, or any of them, or the record for or in an <span class="dictionary">appellate</span> <span class="dictionary">court</span>, or any paper filed or connected with such record, be lost or destroyed, any <span class="dictionary">party</span> to such case may present to the <span class="dictionary">court</span> wherein the case is, or in which it would or ought to be, but for such loss or destruction, a <span class="dictionary">petition</span> verified by <span class="dictionary">affidavit</span> stating such loss or destruction, and praying that such case be heard and determined or tried on the reproduction of such record or papers, or satisfactory proof of their contents. Upon such <span class="dictionary">petition</span> and an authenticated copy of what is lost or destroyed, the <span class="dictionary">court</span> may hear and determine the case, or proceed to a <span class="dictionary">trial</span> thereof, if before a <span class="dictionary">jury</span>. The <span class="dictionary">court</span> may also hear and determine the case, or proceed to the <span class="dictionary">trial</span> thereof, if before a <span class="dictionary">jury</span>, upon proof, after reasonable notice to the parties interested, of the contents of such record or papers, or so much thereof, as may be necessary for a decision by the <span class="dictionary">court</span>, or by a <span class="dictionary">jury</span>, and may make such <span class="dictionary">order</span> or <span class="dictionary">decree</span> as if the papers or any of them had not been lost or destroyed.
		The <span class="dictionary">court</span> may in its discretion, require new <span class="dictionary">pleadings</span> to be made up in whole or in part.
		A <span class="dictionary">plaintiff</span> instead of proceeding under this section may commence and <span class="dictionary">prosecute</span> a new <span class="dictionary">suit</span> for the same matter; and no certified copy of any deed, will, account, or other original paper required by <span class="dictionary">law</span> to be recorded shall be used by any <span class="dictionary">party</span> as <span class="dictionary">evidence</span> for him, in any case when the original deed, will, account, or other original paper or record thereof has been destroyed, until such copy has been properly admitted to record, according to <span class="dictionary">law</span>. This section shall not apply to criminal cases.</p></section></text><history>Code 1950, &#xA7; 8-209; 1977, c. 617.</history><metadata></metadata></law>
