§ 8.01-394.How contents of any such lost record, etc., proved.

Sections 8.01-392 and 8.01-393 let a clerk or court reconstruct a lost record when the raw material to rebuild it is close at hand. Section 8.01-394 covers the harder case, where someone wants to formally establish what a lost book, record, or paper contained through a court proceeding built for that purpose. Anyone who wants to prove those contents can file a written petition with the circuit court of the county or city where the record, book, or paper was, describing the nature of the record and the contents to be proved, and naming who might be affected by that proof.

From there, the court sets a time and place to take up the petition, and reasonable notice has to go out to everyone named in the petition or otherwise interested, plus anyone else the court knows about or who claims an interest. If someone affected by the proof is under a legal disability, the court has to appoint a guardian ad litem to look out for that person’s interests in the proceeding.

The proof itself has to be in writing and filed with the court, and once it is in, the court makes whatever order is necessary to secure the benefit of the record, book, or paper to the people with an interest in it — or any other order the case calls for. Before entering that order, though, the petitioner has to serve written notice of the intended application, in the manner § 8.01-296 provides, at least ten days ahead of time. For anyone who does not live in Virginia and cannot be found here after due diligence, an order of publication under §§ 8.01-316 and 8.01-317 fills the gap.