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§ 1953.13.Reference to documents in order; order in lieu of original; effect

Title 2. Of the Kinds and Degrees of Evidence · Chapter 3. Writings · Article 4.5. Private Records Destroyed in Disaster or Calamity · Enacted 1961 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1953.13 gives the court's order under this article the same legal effect as the original private record it describes, so the order stands in for a memorandum, writing, or document that was damaged, destroyed, or rendered wholly or partly illegible.

Full Text of § 1953.13

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The order of court made upon such hearing shall refer to the memorandum, book, map, chart, manuscript, writing, account, entry, record, print, document, representation or combination thereof which is the subject of said petition and such court order shall be deemed in lieu of the original and have the same effect as if the original had not been damaged, destroyed or otherwise rendered wholly or partially illegible.

Plain-English Summary

This closing section turns the court's finding under Section 1953.12 into something usable in the world. The order made at that hearing refers back to the specific memorandum, book, map, chart, manuscript, writing, account, entry, record, print, document, or representation that was the subject of the petition.

Once entered, that order is deemed to stand in the original's place. It has the same effect as if the memorandum or document had never been damaged, destroyed, or otherwise rendered wholly or partly illegible, letting the petitioner and anyone relying on the private record treat the court's order as functionally equivalent to the lost original.

Frequently Asked Questions

What does the court's order under this article accomplish?

It stands in for the original private record, referring specifically to the item that was the subject of the petition.

Does the order have the same legal effect as the original document?

Yes. Section 1953.13 gives it the same effect as if the original had never been damaged, destroyed, or rendered illegible.

Does this section apply beyond the specific document named in the petition?

No. The order refers to, and substitutes for, the particular item described in the petition, not private records generally.

Amendment History

(Added by Stats.1961, c. 1311, p. 3091, § 1.)

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: court order in lieu of original documentlegal effect reconstructed private record