ILCS » Chapter 705 · Act 85
Illinois Compiled Statutes

705 ILCS 85/2 (2026)

That whenever the loss or destruction of any such record or part thereof shall have happened, or shall hereafter happen, and such defect cannot be supplied, as provided in the next preceding section, any party or person interested therein may make a written application to the court to which such record belonged, verified by affidavit or affidavits, showing the loss or destruction thereof, and that certified copies thereof cannot be obtained by the party or person making such application, and the substance of the record so lost or destroyed, and that such loss or destruction occurred, without the fault or neglect of the party or person making such application, and that the loss or destruction of such record, unless supplied, will or may result in damage to the party or person making such application; and thereupon, said court shall cause said application to be entered of record in said court, and due notice of said application shall be given, as in civil cases, that said application will be heard by said court

✓ current as of May 2026
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(705 ILCS 85/2) (from Ch. 116, par. 2)
    Sec. 2. That whenever the loss or destruction of any such record or part thereof shall have happened, or shall hereafter happen, and such defect cannot be supplied, as provided in the next preceding section, any party or person interested therein may make a written application to the court to which such record belonged, verified by affidavit or affidavits, showing the loss or destruction thereof, and that certified copies thereof cannot be obtained by the party or person making such application, and the substance of the record so lost or destroyed, and that such loss or destruction occurred, without the fault or neglect of the party or person making such application, and that the loss or destruction of such record, unless supplied, will or may result in damage to the party or person making such application; and thereupon, said court shall cause said application to be entered of record in said court, and due notice of said application shall be given, as in civil cases, that said application will be heard by said court. And if, upon such hearing, said court shall be satisfied that the statements contained in said written application are true, said court shall make an order, reciting what was the substance and effect of said lost or destroyed record; which order shall be entered of record in said court, and have the same effect which said original record would have had if the same had not been lost or destroyed, so far as concerns the party or person making such application, and the persons who shall have been notified, as provided for in this section. The record in all cases where the proceeding was in rem, and no personal service was had, may be supplied upon like notice, as nearly as may be, as in the original proceeding. The court in which the application is pending may, in all cases in which publication is required, direct, by order or orders, to be entered of record, the form of the notice, and designate the newspaper or newspapers in which the same shall be published.
(Source: Laws 1935, p. 1134.)

    
Notes of Decisions
Cited in 3 cases, 1998–2016 · leading case: People v. Wells, 696 N.E.2d 303 (Ill. 1998).
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People v. Wells, 696 N.E.2d 303 (Ill. 1998). · cites it 4× “Further, section 2 of the Court Records Restoration Act (Act) (705 ILCS 85/2 (West 1992)) permits a party to seek a declaration from the court as to whether a record existed and if so what the substance of it was.”
People v. Pitts, 2016 IL App (1st) 132205 (Ill. App. Ct. 2016). · cites it 3× “" 705 ILCS 85/2 (West 2010). ¶ 46 It is undisputed that, in this case, the State did not comply with the Act; it made no attempt to restore the missing document in a fashion prescribed by the Act.”
People v. Wells (Ill. 1998). · cites it 4× “Further, section 2 of the Court Records Restoration Act (Act) (705 ILCS 85/2 (West 1992)) permits a party to seek a declaration from the court as to whether a record existed and if so what the substance of it was.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.