KRS 422.240: Commissioner to supply records of court.

(1) If the records or papers of any court are lost, destroyed, defaced, or obliterated, the

court shall appoint a commissioner, who shall have power and authority to fix on a

convenient place to meet for the purpose of hearing evidence in regard to the lost

records or papers, giving reasonable public notice thereof.

(2) The commissioner shall be paid a reasonable compensation out of the county

treasury and shall not remain in office longer than one (1) year.

(3) The commissioner may, at the instance of any pers on, issue a summons and cause

the attendance of witnesses, and take evidence, in writing, of such witnesses,

relative to any record or paper so destroyed, defaced, or obliterated. The deposition

shall be legal evidence, and shall be returned to the clerk o f the court and safely

kept by such clerk. Before any proof is taken, the party offering it must make and

file with the commissioner an affidavit that there is no attested copy of the record or

papers in existence known to him. If the affidavit is not made , no testimony taken

shall be evidence.