Volume 005 Table of Contents

e-Book Volume 009
Kinds and Degrees of Evidence-
Private Records Destroyed in Disaster or Calamity
Chapter 001-Records Destroyed CCP §§1953.10-1953.13

Chapter 001-Private Records Destroyed CCP §§1953.10-1953.13

The statutory provisions relating to Private Records Destroyed in Disaster or Calamity are set forth in California Code of Civil Procedure Sections 1953.10-1953.13. California Code of Civil Procedure Section 1953.10-1953.13 provides as follows:

CODE OF CIVIL PROCEDURE
SECTION 1953.10-1953.13

1953.10. Any person, corporation, copartnership, organization,
institution, business, member of profession or calling interested in
establishing the existence, substance, genuineness, or authenticity
of any memorandum, book, map, chart, manuscript, writing, account,
entry, record, print, document, representation, or combination
thereof that has been damaged, rendered wholly or partially
illegible, destroyed in whole or in part or lost by explosion,
conflagration, earthquake, disaster or other public calamity, may
apply by duly verified petition to the court for an order
establishing, reciting, or declaring the existence, substance,
genuineness or authenticity of the same.

1953.11. Notice of the filing of the petition and of the time and
place of the hearing thereof shall be given to such persons, if any,
as the court shall designate by its order. Such order shall specify
how such notice shall be given and may be by publication, posting,
personal service or otherwise as the court shall direct. Upon the
hearing of the petition proof shall be submitted to the court that
notice has been given as prescribed in such order.

1953.12. Upon the hearing the court shall receive such evidence as
may be required and if the court is satisfied that the statements
contained in the petition are true, it shall make an order reciting
the existence, substance, genuineness or authenticity of the
destroyed or lost memorandum, book, map, chart, manuscript, writing,
account, entry, print, document, representation or combination
thereof.

1953.13. The order of court made upon such hearing shall refer to
the memorandum, book, map, chart, manuscript, writing, account,
entry, record, print, document, representation or combination thereof
which is the subject of said petition and such court order shall be
deemed in lieu of the original and have the same effect as if the
original had not been damaged, destroyed or otherwise rendered wholly
or partially illegible.

Article 4.5. Private Records Destroyed in Disaster or Calamity-1953.10-1953.13

Privilege of Defendant in Criminal Case .......930 
California Evidence Code Sections-950-962-Lawyer-Client-Official Site 
California Evidence Code-Official Site