C.R.S. Section 13-1-104
Application for new order or record

When the loss or destruction of any record or part thereof has happened, and such defects cannot be supplied as provided in section 13-1-103, any party or person interested therein may make a written application to the court to which such record belonged, verified by affidavit, 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 the loss or destruction occurred without the fault or negligence of the party or person making such application, and that the loss or destruction of the record, unless supplied, will or may result in damage to the party or person making such application. The court shall cause said application to be entered of record in said court, and due notice of said application shall be given by personal service of summons or by publication as in other cases; except that, in cases in which publication is required, the court may direct by order, to be entered of record, the form of the notice, and designate the newspaper in which the same shall be published. If, upon such hearing, said court is satisfied that the statements contained in said application are true, the court shall make an order embracing the substance and effect of the lost or destroyed record, which order shall be entered of record in said court and have the same effect which the original record would have had if the same had not been lost or destroyed insofar as concerns the party or person making such application and the persons who had 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.

Source: Section 13-1-104 — Application for new order or record, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑1‑101
Clerks shall keep record books 13‑1‑102
Entries in records 13‑1‑103
Lost or destroyed records 13‑1‑104
Application for new order or record 13‑1‑105
Procedure where probate records destroyed 13‑1‑106
Certified copy of record in supreme court or court of appeals 13‑1‑107
Costs of replacement 13‑1‑108
Judge may order adjournment 13‑1‑109
Court may appoint trustee 13‑1‑110
Appeal bond defective or insufficient 13‑1‑111
Courts of record 13‑1‑112
Clerk to keep seal 13‑1‑113
Seal - how attached 13‑1‑114
Powers of court 13‑1‑115
Courts may issue proper writs 13‑1‑116
Courts sit at county seat 13‑1‑117
Juridical days 13‑1‑118
Judicial holidays 13‑1‑119
Judgment record and register of actions open for inspection 13‑1‑119.5
Electronic access to name index and register of actions 13‑1‑120
Proceedings in English - abbreviations 13‑1‑121
Action not affected by vacancy 13‑1‑122
When judge shall not act unless by consent 13‑1‑123
Transfer of civil actions 13‑1‑123.5
Transfer of venue - actions involving related persons 13‑1‑124
Jurisdiction of courts 13‑1‑125
Service of process 13‑1‑126
Documents in court proceedings - designation by clerk of representative to attend court proceedings 13‑1‑127
Entities - school districts - legislative declaration - representation - definitions 13‑1‑129
Preferential trial dates 13‑1‑130
Reports of convictions to department of education 13‑1‑131
Speedy trial option in civil actions 13‑1‑132
Use of interactive audiovisual devices and communication technology in court proceedings 13‑1‑133
Use of recycled paper 13‑1‑134
Court automation system - juvenile or domestic actions 13‑1‑136
Civil protection orders - single set of forms 13‑1‑137
Reporting of data concerning juvenile proceedings 13‑1‑139
Court limitations on medication-assisted treatment - prohibited 13‑1‑140
Prohibition on issuing subpoena in connection with proceeding in another state 13‑1‑201
Legislative declaration 13‑1‑202
Definitions 13‑1‑203
Court security cash fund commission - creation - membership 13‑1‑204
Court security cash fund - creation - grants - regulations 13‑1‑205
Grant applications - duties of counties 13‑1‑301
Legislative declaration 13‑1‑302
Definitions 13‑1‑303
Underfunded courthouse facility cash fund commission - creation - membership 13‑1‑304
Underfunded courthouse facility cash fund - creation - grants - regulations 13‑1‑305
Grant applications - duties of counties 13‑1‑306
Legislative review - repeal 13‑1‑401
Legislative declaration 13‑1‑402
Definitions 13‑1‑403
Prohibition of civil arrest - writ of protection - procedure 13‑1‑404
Remedies 13‑1‑405
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 13-1-104’s source at colorado​.gov