Rule 19.Lost or Destroyed Records
Part I. General Administration · Last amended January 1, 2019 · Last verified September 4, 2026
Full Text of Rule 19
Rule History
Added Aug. 30, 2018, effective Jan. 1, 2019.
Plain-English Summary
Rule 19 is a small, self-contained repair procedure in three steps.
The motion
If a court record is lost or destroyed, any party may move to supply the court with an accurate copy. The motion carries three things: it must identify the lost or destroyed record, be accompanied by an accurate copy, and offer proof that the copy is accurate. The third is separate from the second — producing the copy is not the same as proving it.
The order
If the court finds the copy accurate, it must order the copy substituted for the lost or destroyed record. If the court finds the copy may not be accurate — a lower bar than finding it inaccurate — it may take further evidence and direct the parties to prepare an accurate copy based on that evidence. The record is reconstructed rather than the motion simply denied.
Filing and effect
On an order of substitution the moving party files the copy with the clerk. Upon filing, the copy constitutes a part of the record and has the force and effect of the original. Nothing turns on the original's later reappearance; the substituted copy is the record.
Rule 18 is the companion for recordings: it makes the official verbatim recording an official court record and sets who keeps it and for how long.
Frequently Asked Questions
What happens if a court record is lost?
Rule 19(a) lets any party file a motion to supply the court with an accurate copy. The motion must identify the lost or destroyed record, be accompanied by an accurate copy, and offer proof that the copy is accurate.
What if the copy might not be accurate?
Rule 19(b) allows the court to take further evidence and direct the parties to prepare an accurate copy of the record based on that evidence.
Does the substituted copy count as the real record?
Yes. Rule 19(c) provides that upon filing, the copy constitutes a part of the record in the action and has the force and effect of the original record.
Who can bring the motion?
Any party, under Rule 19(a).