705 ILCS 85/ Court Records Restoration Act.

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705 ILCS 85/0.01

(705 ILCS 85/0.01) (from Ch. 116, par. 0.01)

Sec. 0.01.

Short title.

This Act may be cited as the

Court Records Restoration Act.

(Source: P.A. 86-1324.)

705 ILCS 85/1

(705 ILCS 85/1) (from Ch. 116, par. 1)

Sec. 1.

Whenever the record of any judgment or
order, or other proceeding, of any judicial court of this State, or any
part of the record of any judicial proceeding, shall have been or shall
hereafter be lost or destroyed, any party or person interested therein may,
on application by petition, in writing, under oath, to such court, and on
showing, to the satisfaction of such court, that the same has been lost or
destroyed without fault or neglect of the party or person making such
application, obtain an order from such court, authorizing such defect to be
supplied by a duly certified copy of such original record, where the same
can be obtained; which certified copy shall, thereafter, have the same
effect as such original record would have had, in all respects.

(Source: P.A. 79-1366.)

705 ILCS 85/2

(705 ILCS 85/2) (from Ch. 116, par. 2)

Sec. 2.

That whenever the loss or destruction of any such record or part
thereof shall have happened, or shall hereafter happen, and such defect
cannot be supplied, as provided in the next preceding section, any party or
person interested therein may make a written application to the court to
which such record belonged, verified by affidavit or affidavits, showing
the loss or destruction thereof, and that certified copies thereof cannot
be obtained by the party or person making such application, and the
substance of the record so lost or destroyed, and that such loss or
destruction occurred, without the fault or neglect of the party or person
making such application, and that the loss or destruction of such record,
unless supplied, will or may result in damage to the party or person making
such application; and thereupon, said court shall cause said application to
be entered of record in said court, and due notice of said application
shall be given, as in civil cases, that said application will be heard by
said court. And if, upon such hearing, said court shall be satisfied that
the statements contained in said written application are true, said court
shall make an order, reciting what was the substance and effect of said
lost or destroyed record; which order shall be entered of record in said
court, and have the same effect which said original record would have had
if the same had not been lost or destroyed, so far as concerns the party or
person making such application, and the persons who shall have been
notified, as provided for in this section. The record in all cases where
the proceeding was in rem, and no personal service was had, may be supplied
upon like notice, as nearly as may be, as in the original proceeding. The
court in which the application is pending may, in all cases in which
publication is required, direct, by order or orders, to be entered of
record, the form of the notice, and designate the newspaper or newspapers
in which the same shall be published.

(Source: Laws 1935, p. 1134.)

705 ILCS 85/3

(705 ILCS 85/3) (from Ch. 116, par. 3)

Sec. 3.

In case of the destruction by fire or otherwise of the records, or
any part thereof, of any circuit court, the
judge of any such court may proceed upon his own motion, or upon
application in writing of any party in interest, to restore the records,
papers and proceedings of this court relating to the estate of deceased
persons, including recorded wills and wills probated or filed for probate
in the court; and for the purpose of restoring the record, wills, papers or
proceedings, or any part thereof, may cause citations to be issued to any
and all parties to be designated by him, and may compel the attendance in
court of any and all witnesses whose testimony may be necessary to the
establishment of any such record or part thereof, and the production of any
and all written or documentary evidence which may be by him deemed
necessary in determining the true import and effect of the original record,
will, paper or other document belonging to the files of the court; and may
make such orders  establishing the original record, will, paper,
document or proceeding, or the substance thereof, as to him shall seem just
and proper; and such judge may make all such rules and regulations
governing the proceedings for the restoration of the record, will, paper,
document and proceeding pertaining to the court, as in his judgment will
best secure the rights and protect the interests of all parties concerned.

(Source: P.A. 79-1366.)

705 ILCS 85/4

(705 ILCS 85/4) (from Ch. 116, par. 4)

Sec. 4.

That in all causes which have been removed, or shall hereafter be
removed, to a reviewing court of this State, a duly certified copy of the
record of such cause remaining in the reviewing court may be filed in
the court from which such cause was removed, on motion of any party or
person or persons claiming to be interested therein; and the copy so filed
shall have the same effect as the original record would have had if the
same had not been lost or destroyed.

(Source: P.A. 79-1366.)