Kansas Statutes

Chapter 60: Procedure, Civil

Article 25: Lost Or Destroyed Court Files And Records

Statutes:

• 60-2501: Restoration of records and papers lost or destroyed.
• 60-2502: Application for restoration.
• 60-2503: Notice of hearing of application.
• 60-2504: Reopening proceedings.
• 60-2505: Records affecting titles ceasing to impart notice.
• 60-2506: Remedies deemed cumulative.

• 60-2501: Restoration of records and papers lost or destroyed. If any original bond, pleading, process, affidavit, order, judgment, docket entry, journal entry, notice, return, release, record or other paper filed or recorded in any action or proceeding in any court of record be lost or destroyed, the court may restore the same by allowing a copy thereof to be substituted.

        History:   L. 1963, ch. 303, 60-2501; Jan. 1, 1964.

• 60-2502: Application for restoration. The application for the restoration or substitution of any such paper or record so lost or destroyed may be made by any party to the action wherein it was filed or recorded, or by any person claiming under such party, and shall be verified by his or her affidavit.

        History:   L. 1963, ch. 303, 60-2502; Jan. 1, 1964.

• 60-2503: Notice of hearing of application. Notice of the hearing on the application shall be given in the same manner as provided for summons and service of process by article 3 of this chapter.

        History:   L. 1963, ch. 303, 60-2503; Jan. 1, 1964.

• 60-2504: Reopening proceedings. Where the notice is given by publication service, the proceedings may be reopened in accordance with the proceedings provided by K.S.A. 60-309.

        History:   L. 1963, ch. 303, 60-2504; Jan. 1, 1964.

• 60-2505: Records affecting titles ceasing to impart notice. Judicial files and records affecting the title to real estate which have been lost or destroyed shall not be deemed to impart constructive notice of their contents, so as to bind purchasers in good faith, unless an application for the restoration of the same shall be filed within one (1) year from date of the destruction or loss.

        History:   L. 1963, ch. 303, 60-2505; Jan. 1, 1964.

• 60-2506: Remedies deemed cumulative. The provisions of this article are cumulative only and shall not be deemed to supplant any other means of establishing lost or destroyed records.

        History:   L. 1963, ch. 303, 60-2506; Jan. 1, 1964.