If an original pleading or paper be lost, the Court may authorize a copy thereof to be filed and used instead of the original.
§ 1045.Original Pleading Or Paper Lost
Title 14. Of Miscellaneous Provisions · Chapter 7. General Provisions · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 1045 lets a court authorize a copy of an original pleading or paper to be filed and used in its place when the original has been lost, so a case does not stall merely because a document went missing after it was filed.
Full Text of § 1045
Plain-English Summary
Court files are not indestructible. Papers get misplaced, damaged, or separated from the case somewhere between filing and trial. Section 1045 gives the court a direct fix: authorize a copy of the lost original to stand in its place, for any purpose the original would have served.
The court's authorization is not automatic. Someone has to bring the loss to the court's attention and ask for permission to substitute a copy, and the court decides whether that substitution is warranted on the facts presented. Once authorized, though, the copy carries the same weight as the original for the remainder of the case.
Two nearby sections work alongside this one. Section 1046 validates papers with a missing or defective case caption as long as they intelligibly refer to the action, and § 1046a addresses a narrower version of the same lost-document problem for quiet title actions where court and recorder's records were destroyed by flood, fire, or earthquake.
Frequently Asked Questions
What happens if a pleading filed in a California civil case gets lost?
Section 1045 lets the court authorize a copy to be filed and used instead of the original, so the case can proceed without the missing document.
Does a copy automatically replace a lost original court paper?
No. The court has to authorize the substitution; it does not happen without a court order.
Does this section apply only to pleadings?
No. It covers any original pleading or paper filed in the action, not just the complaint or answer.
Is there a separate rule for lost records in quiet title cases caused by a disaster?
Yes. Section 1046a addresses lost or destroyed papers in quiet title actions where county records were lost to flood, fire, or earthquake.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: lost court pleading californiafiling copy of lost original document californiareplacing missing court paper california