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What happens when the court house loses your file?

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2010-08-10 15:13:43
2010-08-10 15:13:43

If it is truly lost, the court will reconstruct the file by having the parties provide certified true copies of the pleadings to both the court and the other side. All pleadings should have the court's filed stamp on them since it is standard practice to obtain "Filed" copies from the Clerk when filing the originals. At the same time each party will review what the other has sent to the court to confirm that they are copies of the pleadings that had been served on them earlier. Once all parties agree that the file has been reconstructed with true copies of all pleadings, the file will be complete.

Some courts microfilm pleadings upon filing or accept filings electronically. In such cases the court itself can reconstruct the file.

Shortly after all that trouble, the original file will be found behind a radiator.

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