The record in all cases where the proceeding is in rem, including probate, guardianship, conservatorship, and insolvency proceedings, may be supplied in like manner upon like notice to all persons who have appeared therein, and upon notice by publication or postings for not less than 10 days, as the court may order, to all persons who have not appeared. When restored the record shall have the same effect as the original upon all persons who have been personally served with notice of the application, and as to all other persons it shall be prima facie evidence of the contents of the original.
§ 1953.05.Restoration of record in proceedings in rem; procedure; effect
Title 2. Of the Kinds and Degrees of Evidence · Chapter 3. Writings · Article 4. Records Destroyed in Fire or Calamity · Last amended 1981 · Last verified July 29, 2026
In one sentenceSection 1953.05 extends the reconstruction procedure to in rem proceedings such as probate, guardianship, conservatorship, and insolvency matters, requiring notice to everyone who appeared plus publication or posting for at least ten days to reach those who didn't, and giving the restored record full effect on those personally served and prima facie effect on everyone else.
Full Text of § 1953.05
Plain-English Summary
In rem proceedings, cases directed at property or status rather than at named opposing parties, present a special problem for record reconstruction: the world at large, not just a couple of litigants, has a stake in the outcome. This section adapts the procedure to fit. Probate, guardianship, conservatorship, and insolvency proceedings can all have their lost records supplied the same way Sections 1953.01 through 1953.04 describe, but with notice reaching further.
Everyone who already appeared in the proceeding gets notice the ordinary way. Everyone who hasn't gets notice by publication or posting, for at least ten days, on whatever schedule the court sets. Once the record is restored, its effect depends on how a person was notified: for anyone personally served, it's as good as the original; for everyone else, it's only prima facie evidence of what the original contained, a starting point that can still be challenged rather than the last word.
Frequently Asked Questions
What kinds of proceedings does this section cover?
In rem proceedings, including probate, guardianship, conservatorship, and insolvency matters.
How is notice given to people who haven't appeared in the proceeding?
By publication or posting for not less than ten days, on whatever terms the court orders.
Does the restored record bind everyone the same way?
No. It has the same effect as the original for anyone personally served with notice, but is only prima facie evidence of the original's contents for everyone else.
Amendment History
(Added by Stats.1953, c. 52, p. 713, § 14. Amended by Stats.1979, c. 730, p. 2483, § 35, operative Jan. 1, 1981.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: probate guardianship record reconstruction californiaprima facie evidence restored court record